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A Power of Attorney lets you choose someone to make decisions or handle affairs on your behalf in Ireland. This trusted person, called an attorney, can manage your property, finances, or personal care when you're unable to do so yourself - or simply when it's more practical to delegate these tasks.

Under Irish law, you can create either an Enduring Power of Attorney, which continues if you lose mental capacity, or an Ordinary Power of Attorney, which ends if you become mentally incapable. Your attorney must act in your best interests and follow specific rules set out in the Powers of Attorney Act 1996. Many people set these up when planning for their future or during extended periods abroad.

A Power of Attorney becomes essential when you need someone to handle your affairs while you're temporarily unavailable or unable to manage them yourself. Common situations include moving abroad for work, recovering from a serious illness, or preparing for potential future incapacity due to age or health concerns.

Many Irish residents set up a Power of Attorney before major surgery, extended travel, or when managing property transactions from overseas. Business owners often use it to delegate authority for specific deals or operations. Setting it up early provides peace of mind and avoids the complicated court applications needed if you lose capacity without having one in place.

• Ordinary Power of Attorney: Lets someone act on your behalf temporarily - ideal for specific tasks or time periods. Becomes invalid if you lose mental capacity.
• Enduring Power of Attorney: Continues even if you lose mental capacity later. Must be registered with the High Court when needed. Covers property, business, and personal care decisions.
• General Power of Attorney: Gives broad authority over financial and property matters. Common for business operations or extensive overseas travel.
• Limited Power of Attorney: Restricts authority to specific tasks or transactions, like selling a house or managing a particular bank account.

• Donor: The person creating the Power of Attorney who grants authority to someone else to act on their behalf.
• Attorney: The trusted individual appointed to make decisions or handle affairs. Often a family member, close friend, or professional advisor.
• Solicitors: Draft the document, ensure legal compliance, and often serve as witnesses. Essential for Enduring Powers of Attorney.
• Medical Practitioners: Provide statements about mental capacity for Enduring Powers of Attorney.
• High Court: Oversees registration of Enduring Powers of Attorney and resolves any disputes about their operation.

• Choose your type: Decide between Ordinary or Enduring Power of Attorney based on your needs and circumstances.
• Select your attorney: Identify a trustworthy person who understands your wishes and can manage your affairs effectively.
• Gather documents: Collect proof of identity, property details, and any specific assets or accounts to be managed.
• Define powers: List exactly what authority you're granting - financial decisions, property matters, or personal care choices.
• Medical assessment: For Enduring Powers, arrange a doctor's statement confirming your mental capacity.
• Witness arrangements: Organize appropriate witnesses, including a solicitor for Enduring Powers of Attorney.

• Donor details: Full legal name, address, and clear statement of intention to create the Power of Attorney.
• Attorney details: Complete identification and contact information of your chosen representative.
• Powers granted: Specific description of authority given, including any restrictions or conditions.
• Effective date: Clear statement of when the powers begin and under what circumstances.
• Termination clause: Conditions under which the power ends or can be revoked.
• Witness section: Space for required signatures, including solicitor attestation for Enduring Powers.
• Notice provisions: How and when notice must be given to relevant parties.

A Power of Attorney is often confused with an Agency Agreement, but they serve distinct purposes in Irish law. While both involve one party acting for another, their scope and legal implications differ significantly.

• Legal Authority: A Power of Attorney grants comprehensive decision-making powers over personal and financial matters, while an Agency Agreement typically limits authority to specific business transactions or relationships.
• Duration and Termination: Powers of Attorney can continue even if the donor loses mental capacity (in Enduring forms), whereas Agency Agreements automatically terminate if the principal becomes incapacitated.
• Regulatory Requirements: Powers of Attorney need specific witnessing and, for Enduring Powers, court registration. Agency Agreements have fewer formal requirements.
• Scope of Powers: Powers of Attorney can cover personal welfare decisions, while Agency Agreements focus solely on business or commercial matters.