Power of Attorney in Ireland

The power of attorney in Ireland has multiple applications, for business purposes as well as for individual ones. It can be used by those who cannot be present in the country during the entire process required to open a company, as well as by those who are interested in using the services of a third party to purchase residential real estate.

 

Below, our team of lawyers describes the characteristics of this legal device, as well as the two available forms. As needed, one of our lawyers can act in your name, as the appointed party, and assist you when you cannot be present in the country or are unable to handle a certain matter.

 

 

The specific and the general power of attorney are opposites in terms of the powers that are actually granted to the appointed party. As the name suggests, the specific one is limited in time, it is simply issues for a single, particular matter, and once this is completed, the agent will no longer have the powers granted through the legal document.

 

On the other hand, the general power of attorney is used by those who wish to delegate complete powers to the attorney. Simply put, the appointed individual has signature sights and is able to engage in all of the acts that the grantors would. This allows the agent to engage in all sorts of matters, from property to business or, as needed, financial issues. The agent can make payments from the grantor’s accounts, can sell or buy property in his name, make other types of purchase or arrangements, open a company in the grantor’s name, and handle business-related matters as needed.

 

For a power of attorney, the donor decides the duration as well as the powers the attorney will have. It should be noted that one has complete control over the use of this document, the power it allows and for choosing to work with someone outside the family. There is no need for the appointed attorney to be a family member, however, we do underline the importance of working only with a team of professionals who can be trusted, such as our Irish lawyers. Individuals under the age of 18, bankrupt persons, people convicted of fraud offences or of an offence against the donor himself cannot be appointed as an attorney. Likewise, individuals disqualified under the Companies Act cannot be appointed for this role.

It is important to note that the enduring power of attorney in Ireland is only created while the donor still has full metal capacity. This is an express condition for the use of the document in Court as well as anywhere else. Given the fact that mental capacity is a key element when granting powers through this type of document, the donor is required to provide a statement from a doctor conforming the said mental capacity.

 

When acting as per an enduring power of attorney in Ireland, the attorney will be able to decide where the mentally incapacitated individual lives and wish whom, the died, the training and rehabilitation, will have control over one’s personal papers as well as the housing and social welfare benefits. It is common for the line between personal and healthcare decisions in these cases to be an unclear one at times, however, the attorney does not have the power to decide in all cases regarding the medical treatment the donor should undergo. Our lawyers can explain this further as needed in your case.

 

An enduring power of attorney enters into force only after it is registered. This take place through an application to the Registrar or Wards of Court (the application which is commonly submitted by the attorney). The approval is issued once the medical proof is provided. The donor can choose to revoke the enduring power of attorney at any pointe before the application for registration is made, however, once it is registered, it can be revoked only through an application submitted with the High Court.

 

If you need information on the role of the High Court in the management of an enduring power of attorney, as well as the applications made with the Wards of Court, our attorneys in Ireland can answer your questions.

 

In most cases, the enduring power of attorney in Ireland ceases upon the death of the donor. However, in certain cases, for example when the appointed party is the spouse of the donor, the document can cease before the death of the donor in the event of divorce, annulment or dissolution of the marriage or civil partnership or when the couple is granted judicial separation.

The power of attorney can be used for probate, when administering the estate of a deceased individual. According to the Courts Service Annual Report, the following data on probate was in place for 2020: