Power of Attorney
Execute a Power of Attorney for a fixed price of only €275 plus VAT and Outlays.
A Power of Attorney refers to a legal document which authorises another person to do a particular task or to make decisions on your behalf.
In Ireland, there are two types of Power of Attorney. The first is a simple “Power of Attorney”. The second is an “Enduring Power of Attorney (E.P.A.)”.
1. Power of Attorney
In some transactions (such as property transactions), you may execute a “Power of Attorney”. This is a legal document in which you give another person the authority to sign documents on your behalf. Usually the authority will be limited in terms of time or scope, for example a property transaction. It is common to insert a provision in this type of Power of Attorney that it will come to an end once a particular transaction has been completed or once a certain period of time has elapsed.
2. Enduring Power of Attorney
An Enduring Power of Attorney is a document in which you appoint one or two persons to look after your affairs in the event that you are incapable of looking after your own affairs at some point in the future. For example, if a person is diagnosed with a degenerative illness, they may appoint an attorney upon news of their diagnosis. The donor retains the power to deal with their own affairs and the authority only passes to the attorney when the donor becomes incapable. It is for this reason that the E.P.A. is sometimes referred to as a “Living Will”.
It is a common misconception that an Enduring Power of Attorney is only for elderly people but this is not the case. An Enduring Power of Attorney will prove invaluable and save family members immense stress and expense in situations where the donor has suffered an a physical or psychological injury or illness which renders them temporarily or permanently incapable of managing their own affairs.
A donor can empower an attorney to deal with as many or as few of their affairs as they wish. Matters typically covered by E.P.A.’s include financial affairs, property affairs, health affairs and personal care including living arrangements, etc.
A pre-requisite to executing (making) an Enduring Power of Attorney is that the donor has full mental capacity at the time of execution. In order to satisfy this legal requirement, it will be necessary to obtain a letter from the doctor of the donor confirming that the donor has full mental capacity.
A donor may also revoke or alter the terms of an E.P.A. at any time.
Callan & Co. Solicitors will complete the execution of an E.P.A. for a fixed price of only €275 plus VAT and outlays.
If an E.P.A. is executed and a person later becomes incapable of managing their own affairs, it will be necessary to register the E.P.A. with the Wards of Court Service. Please note that separate fees will arise in relation to the registration process and these fees are not covered by the fixed price quotation of €275 plus VAT and outlay referred to above.
If you wish to wish to execute a Power of Attorney or require additional information, contact Callan & Co. Solicitors today on 042 932 8053.