Frequently Asked Questions
Is this Power of Attorney customised for Ireland?Yes. Our General Power of Attorney and Enduring Power of Attorney have been created in the form and contain the content required by Irish legislation.
The relevant legislation is the Powers of Attorney Act, 1996 and the Enduring Powers of Attorney Regulations, 1996 (SI No. 196/1996) as amended by SI No. 287/1996.What is a Power of Attorney?A power of attorney is a document in which one person (the donor) appoints another person (the attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your financial affairs.
For example, if you are going to be out of the country for a lengthy period of time, you might want someone to do your banking while you are gone. If you are approaching old age, you may want to give a power of attorney to a person you trust so that he or she can manage your property for you. What is the difference between a General Power of Attorney and an Enduring Power of Attorney?A General power of attorney is only valid as long as the donor is capable of acting for him or herself. A general power of attorney will end automatically when the principal becomes mentally incapacitated or dies.
An Enduring power of attorney is intended to remain in force in the event that the donor later becomes mentally incompetent. Of course, the donor must be competent at the time the enduring power of attorney is made. An enduring power of attorney ends automatically when the principal dies, or may be revoked at any time by notifying your attorney in writing that the power is revoked (You should destroy the original power of attorney).What is meant by "incapacitated"?A person may be considered "incapacitated" if the person is unable to understand information relevant to making a decision about the management of their property, or if the person cannot appreciate the foreseeable consequences of making (or not making) a decision about the management of their property.