Power of Attorney: More of Your Questions Answered

Last year, we published a blog that focused on some of the most common questions about the power of attorney.

However, anyone looking into power of attorney will understand how huge this area is, so there are specific questions we didn’t answer in the previous blog that continue to come up. Therefore, we’ve gathered more common power of attorney questions, and we’ve produced more answers. Don’t see an answer to your question? Check out our previous blog here.

How to register an enduring power of attorney in Ireland?

The registration of an Enduring Power of Attorney (EPA) in Ireland has been significantly altered by the Assisted Decision-Making (Capacity) Act 2015, placing the Decision Support Service (DSS) at the forefront of the process. For EPAs created after 26 April 2023, registration with the DSS is mandatory for the EPA to take effect, and this is facilitated through their online portal, MyDSS, which requires verified accounts for both the donor and the attorney. The application process necessitates detailed information and notification of relevant individuals. Registering the completed EPA within three months of its creation is crucial. While EPAs made before this date follow a different registration path, seeking legal advice remains highly recommended to ensure the document's validity and accuracy, as the donor must possess the requisite mental capacity during execution. The DSS website, Citizens Information, and the Law Society of Ireland are valuable resources for comprehensive guidance.

When does power of attorney take effect?

The commencement of a Power of Attorney's validity in Ireland is contingent upon its type and, in the case of Enduring Power of Attorney (EPA), its creation date. A standard Power of Attorney becomes effective immediately upon the donor's signature but terminates if the donor loses mental capacity. Conversely, an EPA, specifically those established before 26 April 2023, only becomes active upon the donor's loss of capacity and subsequent successful registration with the Wards of Court. For EPAs made on or after that date, the effective date is tied to the donor's capacity loss being recognised by the Decision Support Service (DSS) and the EPA being registered with the DSS. Therefore, registration with the DSS allows the EPA to come into effect. While a standard Power of Attorney is immediately active yet vulnerable to capacity loss, an EPA's activation is contingent upon the donor's incapacity and the completion of the necessary registration process, ensuring continued validity.

How do you get power of attorney for an elderly parent with dementia?

Obtaining Power of Attorney for an elderly parent with dementia in Ireland centres on the Enduring Power of Attorney (EPA), a legal tool enabling them to appoint a trusted individual to manage their affairs should they lose mental capacity. Crucially, the parent must possess this capacity during the EPA's creation. For EPAs established post-April 26, 2023, the Decision Support Service (DSS) is pivotal, necessitating registration through their online portal. Seeking legal counsel is strongly advised to ensure compliance with all legal requirements. The process involves a medical assessment of the parent's capacity, solicitor engagement, EPA document completion, and, if applicable, DSS registration. If the parent lacks an existing EPA and has already lost capacity, an application to the Wards of Court becomes necessary, a more intricate procedure. Early planning and utilising resources like the DSS website are essential for navigating this process effectively.