A power of attorney is a legal document created during your life, when you are in good mental health. It allows you to appoint a person or persons (the attorney) to take actions on your behalf.
A power of attorney can be specific and/or limited to a particular purpose or time, for example; power to execute a document on your behalf or a number of documents over a specific period of time, alternatively it can entitle the attorney to do almost everything you could do yourself.
There are two types of power of attorney in Ireland:-
- Power of attorney;
- Enduring power of attorney.
1. Power of attorney
A general power of attorney is one which is granted by someone who has mental capacity. It comes into operation when it is signed by the donor and continues for as long as the donor has sufficient capacity, unless he or she revokes it or dies.
- you can appoint someone under a power of attorney to look after your estate or deal with your affairs;
- you can give either a specific or general power, however this power will only continue to operate while you have mental capacity.
- a power of attorney is automatically revoked when you lose your capacity to act personally. In the case of temporary incapacity it is generally accepted that the validity of the power is revived during periods of lucidity.
- the basic proposition is that the attorney has no authority to do what you cannot do personally.
2. Enduring power of attorney
An enduring power of attorney is a similar document and must be signed by you (the donor) while having sufficient capacity. However the document is not and does not come into effect until such time as you (the donor) become mentally incapacitated or until such time as the attorney has reason to believe that you (the donor) are becoming mentally incapacitated.
- an enduring power of attorney is exercised only following the mental incapacity of the donor.
- it authorises the nominated person or persons (the attorney) to look after your estate during the period of incapacity prior to death.
- it is useful in dealing with property when mental incapacity is anticipated.
Should I have one?
It is important to think ahead and make provisions for the future. An enduring power of attorney allows you to choose what happens to your property and how and where you will live, if capacity is lost. If capacity is lost and no enduring power of attorney exists, the only legal remedy is to be made a Ward of Court. You will have no say in that process.
By creating an Enduring Power of attorney you can provide for the following:-
- your personal care
- where you should live
- your needs decisions
- your diet and dress
- power to make gifts
- what training /rehabilitation you should get
- with whom you should live
- housing, social welfare and other benefits
- whom you should see or not see
- inspection of your personal papers
- the needs of those for whom you would be expected to provide for
An enduring power of attorney is NOT a will.
A will only deals with your property when you die. The Power of Attorney does not allow your attorney to divide your property when you die. You must make a Will for that purpose.
How do I get one?
P O’Connor & Son solicitors offer an experienced and talented team in a number of offices across County Mayo. If you have any queries on any of the following:- a power of attorney, an enduring power of attorney, wills or ward of court talk to us at P. O’Connor & Son, solicitors – You can phone us on 094-9251333, book an appointment here or view our website www.poconsol.ie for further details.