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Power of Attorney

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Instrument creating Enduring Power of Attorney

Prescribed Form

PART A:

EXPLANATORY INFORMATION

[Note: 1. This Part may not be omitted from the instrument

2. If the enduring power is to relate only to personal care decisions, the form in the Second
Schedule should be used]

Notice to donor and attorneys

1. Following is a simplified explanation of what the Powers of Attorney Act, 1996, provides. If you need any more guidance you or your advisers will need to look at the Act itself.

2. Do not sign this enduring power unless you understand what it means. If you are in any doubt you should obtain legal advice.

Effect of creating enduring power: information for donor

3. An enduring power of attorney enables you to choose a person (called an "attorney") to manage your property and affairs in the event of your becoming mentally incapable of doing so. You may choose one attorney or more than one. If you choose more than one, you must decide whether they are to be able to act:

jointly (that is, they must all act together and cannot act separately), or

jointly and severally (that is, they can all act together but they can also act separately if they wish)

In Part B of this document, at the place marked [1], show what you have decided by crossing out or omitting one of the alternatives. If you do not, the attorneys are deemed to have been appointed to act jointly.

4. If you give your attorney(s) general power in relation to all your property and affairs, they will be able to deal with your money or property and may be able to sell your house.

5. If you do not want your attorney(s) to have such wide powers, you can include any restrictions you like. For example, you can include a restriction that your attorney(s) may not sell your house. Any restrictions you choose must be written or typed at the place marked [2] in Part B of this document.

6. You may authorise the attorney(s) to take certain personal care decisions on your behalf, e.g. deciding where you shall live. If you decide to do so, you should indicate, at the place marked [3] in Part B of this document, the particular personal care decisions you want to authorise. You should also name any person you would like the attorney to consult so that the attorney can have regard to that person's views as to your wishes and feelings and as to what would be in your best interests.

7. Unless you put in a restriction preventing it, your attorney(s) will be able to use any of your money or property to benefit themselves or other people by doing what you yourself might be expected to do to provide for their needs.

8. If you specifically authorise it, your attorney(s) will also be able to use your money to make gifts, but only for reasonable amounts in relation to the value of your money and property and subject to any conditions or restrictions you may impose.

9. You may also appoint an attorney or attorneys to act in the event that the original attorney is unable or unwilling to act. Provision for such an appointment is made at the place marked [4] in Part B of this document.

10. You must give notice of the execution of the enduring power as soon as practicable to at least two persons. None of them may be an attorney under the power. At least one must be the donor's spouse, if living with the donor. If the donor is unmarried, widowed or separated, notification must be given to a child of the donor (if applicable) or otherwise to any relative (i.e. parent, sibling, grandchild, widow/er of child, nephew or niece). You should give the names and addresses of those notified at the place marked [5] in Part B of this document. The prescribed form of notice is contained in the Third Schedule to the Enduring Powers of Attorney Regulations, 1996.

11. Your attorney(s) can recover the out-of-pocket expenses of acting as your attorney(s). You may provide for the attorney's remuneration as well at the place marked [6] in Part B of this document.

12. If your attorney(s) have reason in the future to believe that you have become or are becoming mentally incapable of managing your affairs, your attorney(s) must apply to have the enduring power registered in the High Court. Once registered, an enduring power of attorney cannot be revoked effectively unless the Court confirms the revocation. You may revoke the power at any time before registration.

13. Before applying for registration of this power, your attorney(s) must give written notice of intention to do so to you and to the persons you notify of the execution of the enduring power. You and these persons (if they are not then available, certain of your relatives) will be able to object if you or they disagree with registration. The prescribed form of notice is contained in the Fourth Schedule to the Enduring Powers of Attorney Regulations, 1996.

Effect of accepting enduring power: information for attorney

14. If you have reason in the future to believe that the donor is, or is becoming, mentally incapable of managing his or her property and affairs, you must apply to have the enduring power registered in the High Court. Before doing so you must give written notice of your intention to the Registrar of Wards of Court and also to the donor and the persons whom the donor has notified of the execution of the enduring power. (If these persons are no longer available, notice must be given to certain relatives, as specified in the Powers of Attorney Act, 1996.) The prescribed form of the latter notice is contained in the Fourth Schedule to the Enduring Powers of Attorney Regulations, 1996.

15. The enduring power will not come into force until it has been registered. However, once you have applied for registration you may take action under the power to maintain the donor and prevent loss to the donor's estate and maintain yourself and other persons in so far as that is permitted under section 6 (4) of the Act. You may also make any personal care decisions permitted under the power that cannot reasonably be deferred until the application for registration has been determined.

16. Unless there is a restriction in the enduring power preventing it, you may use the donor's money or other property for your benefit or that of other people to the following extent but no further, that is to say, by doing what the donor might be expected to do to provide for your or their needs. You may not use the donor's money to make gifts unless there is specific provision to that effect in the enduring power and then only to persons related to or connected with the donor on birth or marriage anniversaries or to charities to which the donor made or might be expected to make gifts. The amounts of any such gifts are subject to any restrictions in the enduring power and, in any event, may be only for reasonable amounts in relation to the extent of the donor's assets.

17. You are obliged to keep adequate accounts of the donor's property and affairs and to produce the accounting records to the Court if required.

18. In general, as an attorney you are in a fiduciary relationship with the donor. You must use proper care in exercising on behalf of the donor the authority given by the enduring power and you must act only within its scope. In particular, you must observe any conditions or restrictions imposed by the power and also the limits imposed by the Powers of Attorney Act, 1996.

19. You may recover the out-of-pocket expenses of acting as attorney. The enduring power may provide for remuneration for so acting.

20. You may disclaim at any time up to registration of the power. Thereafter you may do so only on notice to the donor and with the consent of the High Court.

21. After the enduring power has been registered you should notify the Registrar of Wards of Court if the donor dies or recovers.

PART B [TO BE COMPLETED BY THE "DONOR" (THE PERSON APPOINTING THE ATTORNEY)]

Do not sign this form unless you understand what it means. If you are in any doubt you should obtain legal advice.

Donor's name and address

I, ____________________

of ____________________, _______________, County , Ireland

Donor's date of birth

born on 5 July 2025

Name and address of attorney

appoint __________________, of ____________________, ____________________, County , Ireland

to act as attorney for the purpose of Part II of the Powers of Attorney Act, 1996

*with general authority to act on my behalf in relation to all my property and affairs

*to use my money to make gifts of reasonable amounts to persons related or connected to me on their birth or marriage anniversaries and to charities which I have previously made gifts to or might be expected to make gifts to

*and with authority to take on my behalf decisions on the following matters:

*where I should live

*with whom I should live

*whom I should see and not see

*what training or rehabilitation I should get

*my diet and dress

*inspection of my personal papers

*housing, social services and other benefits for me.

The two persons to be notified may not include an attorney under the power. One must be a person selected as mentioned in note 10 of Part A of this document.

I am required to give notice of the execution of this power to at least two persons. I shall notify the following persons accordingly:

___________________________________
of _________________________________
___________________________________

___________________________________
of _________________________________ ___________________________________

I intend this power to be effective during any subsequent mental incapacity of mine.

I have read or have had read to me the information in paragraphs 1 to 13 of Part A of this document.

Your signature

Date

Signature of Witness

Your attorney cannot be your witness. If you are married it is not advisable for your husband or wife to be your witness.

Signed by me _________________________

on _____, _____________, 20____

In the presence of ___________________

Full name of witness ________________

Address of witness __________________
__________________________________
__________________________________
__________________________________

PART C [TO BE COMPLETED BY THE ATTORNEY [This form may be adapted to provide for sealing by a trust corporation with its common seal.] Do not sign this form unless you understand what it means. If you are in any doubt you should obtain legal advice. Do not sign the form before the donor has signed Part B.

I understand my duties and obligations as attorney, including my duty to apply to the High Court for the registration of this instrument under the Powers of Attorney Act, 1996, when the donor is, or is becoming, mentally incapable, my limited power to use the donor's property to benefit persons other than the donor and my obligation to keep adequate accounts in relation to the management and disposal of the donor's property for production to the High Court if required. I have read or have had read to me the information in paragraphs 1, 2 and 14 to 21 of Part A of this document.

Individuals disqualified from acting as attorney are bankrupts, persons convicted of certain offences or disqualified under the Companies Acts or owning or connected with the management or operation of a nursing home in which the donor resides.

I am not a minor or otherwise disqualified from acting as attorney.

Signature of Attorney

Date

Signature of Witness

Each attorney must sign the form and each signature must be witnessed. The donor may not be the witness and one attorney may not witness the signature of another

__________________________________

on _______________________________

In the presence of ___________________

Full name of witness ________________

Address of witness __________________
__________________________________
__________________________________
__________________________________

PART D: Statement by Solicitor

I, _________________________________, Solicitor, of _________________________ hereby state that after interviewing the donor [and making any necessary enquiries]* I am satisfied that _________________________ (the donor) understood the effect of creating the enduring power and I have no reason to believe that this document is being executed by the donor as a result of fraud or undue pressure.

Signed _____________________________

Date _______________________________

Note: This Part may not be omitted from the instrument.

PART E: Statement by Registered Medical Practitioner

*Name of donor

I, _________________________________,
a registered medical practitioner, of __________________________________ hereby state that in my opinion at the time this document was executed by the donor _________________________ had the capacity, with the assistance of such explanations as may have been given to the donor, to understand the effect of creating the power.

Signed _____________________________

Date _______________________________

Note: This Part may not be omitted from the instrument.

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Last Updated March 19, 2025

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What is a Power of Attorney?

A Power of Attorney, or POA, is a legal document that gives someone the authority to manage your affairs and make decisions on your behalf.

Depending on the type of POA, the authorised person can make financial, business, and personal decisions on your behalf.

Having a Power of Attorney can be helpful when you are unavailable, unable to make decisions, or incapacitated, meaning you can’t manage your own affairs due to mental or physical complications.

Power of Attorney documents include two parties:

Donor: The individual granting powers on their behalf
Attorney: The person given the authority to make decisions on the donor’s behalf

Power of Attorney laws in Ireland

In Ireland, Powers of Attorney are governed by two primary laws that outline the document's function, scope, and validity. These laws are:

The Powers of Attorney Act 1996 outlines the process of legally appointing someone as an attorney.
The Assisted Decision Making (Capacity) Act 2015 outlines a legal framework for supported decision-making in Ireland. It allows people to make legal agreements on how they can be supported to make decisions about their personal welfare, property, and affairs with Advance Healthcare Directives and Enduring Powers of Attorney.

What are the different types of Power of Attorney?

There are two types of Powers of Attorney: general and enduring. Each serves a critical role depending on your mental capacity and capability.

General Power of Attorney	Enduring Power of Attorney
Valid until you are incapacitated	Valid once you are incapacitated
Can be revoked at any time	Can be revoked at any time until incapacity
Cannot grant the power to make personal care decisions	Can grant the power to make personal care decisions
Can grant power to manage property, financial, and business matters	Can grant power to manage property, financial, and business matters

General Power of Attorney

A general Power of Attorney is used when the donor can make their own decisions but is unavailable or temporarily unable to tend to them. General attorneys have specific powers outlined by the legal document and will cease when the donor becomes incapacitated or dies.

General Powers of Attorney do not need to be registered to become valid.

Enduring Power of Attorney

On the other hand, an enduring Power of Attorney comes into effect once the donor is mentally incapacitated. It allows the attorney to make personal care and financial decisions on the donor’s behalf. For an enduring Power of Attorney document to be valid, it must be registered through the Decision Support Service within three months of signing.

An enduring Power of Attorney document can be revoked at any time as long as the donor has the mental capacity to withdraw the attorney’s powers.

What decisions can an attorney make?

The restrictions and authorities of an attorney can be outlined in the Power of Attorney. The attorney is a fiduciary of the donor, which means they must act in the donor's best interest.

Attorney authorities might include:

Property decisions, such as selling, exchanging, buying, or mortgaging a property on behalf of the donor.
Contractual decisions, such as signing contractual agreements on behalf of the donor.
Financial management, such as paying the donor’s debts and taxes.

Enduring attorneys may also be eligible to make personal care decisions for the donor. This may include benefit application, which involves applying for benefits and social welfare payments for the donor, as well as daily activities and routines.

Enduring attorneys can also make decisions regarding:

Employment and education decisions include signing the donor up for training, education, or employment opportunities.
Social activities such as managing extracurricular and social activities for the donor to partake in.
Accommodation choices include organising care and accommodations, including assisted living and home healthcare.

Neither an enduring nor a general attorney can make medical decisions. An Advanced Healthcare Directive, or Living Will, must be completed to appoint an individual to make medical care decisions.

Who can you appoint as an attorney in a Power of Attorney?

Choosing a qualified attorney can be challenging. An attorney should be someone you trust and capable and available to handle the powers you grant them. Most donors appoint a spouse, family member, or close friend as an attorney. An attorney can also be a trust corporation or solicitor.

An attorney can refuse if they don’t feel ready or capable to accept the responsibility. Also, you may appoint multiple attorneys and delegate certain powers to each or specify an alternative attorney if the primary attorney cannot fulfil their duties. The principal can choose whether the attorneys can act independently or if they must mutually agree on decisions.

As outlined in the Assisted Decision-Making (Capacity) Act 2015, provisions specify that an enduring attorney cannot:

Be involved in an undischarged bankruptcy, debt settlement, or personal or corporate insolvency at the time of the POA signing unless they are only given the power to make personal decisions
Have been convicted of an offence against you or your property
Been subject to a safety or barring order against you
Own or work in a care facility that the donor resides in unless they are the donor’s spouse, civil partner, child, or sibling
Be under 18 years old or mentally incapacitated
Be convicted of offences involving fraud or dishonesty unless they are only given power to make personal decisions
Be convicted of offences involving fraud, undue influence, coercion, or wilful neglect concerning co-decision-making agreements, enduring powers of attorney, or advance health directives
Be disqualified under the Companies Act unless they are only given power to make personal decisions

When does a Power of Attorney become enforceable?

General Powers of Attorney do not need a solicitor to validate the document. You can easily create these documents using LawDepot’s Power of Attorney template, which customises the details of your general Power of Attorney request. This document becomes enforceable once it’s signed and witnessed.

In Ireland, there’s a strict legal process required to recognize an enduring Power of Attorney. The steps are as follows:

The document must be finalised by a solicitor who states that you understood the effect of creating a Power of Attorney, are aware that you can revoke the power anytime before it is registered, and that you weren’t coerced or acting under undue influence.
The donor and the attorney must sign the documents before two witnesses.
A healthcare professional must confirm in writing that the donor has the capacity to understand the implications of making the Power of Attorney.
You must notify your spouse or civil partner, cohabitant (if any), adult children, other attorneys, a representative with decision-making power that you’ve created a Power of Attorney
The enduring Power of Attorney will be valid once registered with the Decision Support Service. A solicitor can help facilitate the registration process.

Both enduring and general Powers of Attorney become invalid once the donor dies. The estate is instead handled by the executor, who is named in the donor’s Last Will and Testament.

Revoking a Power of Attorney

An enduring Power of Attorney can be canceled by the donor as long as they have the mental capacity to make decisions.

To revoke the Power of Attorney, the donor and a lawyer must fill out paperwork, and the donor must sign a declaration before witnesses. The Decision Support Service has a revocation application that can streamline the process. The attorney must be notified that their powers have been revoked.

The donor can easily revoke a general Power of Attorney, as it doesn’t need to be formally registered. It will automatically cease on the date specified on the document or if the donor becomes incapacitated. To revoke the Power of Attorney sooner, the donor can revoke it in writing. The donor should notify their attorney and any financial institutions or others who had relied on the Power of Attorney of the revocation.

Why should I create a Power of Attorney?

There are several benefits of creating a Power of Attorney. Some of these benefits include:

General Power of Attorney Benefits	Enduring Power of Attorney Benefits
Allows another person to make decisions for you in your best interest when you are incapable of doing so Gives you peace of mind that a trustworthy representative is taking care of your affairs Allows you the flexibility to step away from specific tasks	Gives you control of who will have the authority over your assets and decisions Minimises the risk of family conflicts and court complications due to feuding over who has control over your affairs Streamlines the process of managing your affairs

Free Power of Attorney - Ireland

Create Your Free Power of Attorney

Power of Attorney

Persons to Consult About Your Wishes

Persons to Consult About Your Wishes

Person to Consult

Your Power of Attorney

What is a Power of Attorney?

Power of Attorney laws in Ireland

What are the different types of Power of Attorney?

General Power of Attorney

Enduring Power of Attorney

What decisions can an attorney make?

Who can you appoint as an attorney in a Power of Attorney?

When does a Power of Attorney become enforceable?

Revoking a Power of Attorney

Why should I create a Power of Attorney?

Is an attorney liable for the donor’s debts?

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