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Enduring Power of Attorney-How to Create and Register an EPA - YouTube
Channel: Terry Gorry Solicitor
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in this video I want to take a look as
powers of attorney on in particular the
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enduring power of attorney how to create
and register and enduring the power of
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attorney
firstly the relevant act is the power of
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attorneys Act 1986 and an enduring power
of attorney is an instrument document
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which creates a power it contains a
statement by the donor to the effect
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that the donor intends the power to be
effective during any subsequent mental
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incapacity of the donor and complies
with the revisions of this section and
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regulations made there under essentially
what we're talking about here is a
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person who knows full well what they're
doing there's no difficulty with their
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mental capacity or anything of that
nature and they create an enduring power
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of attorney for the day if it occurs
that they no longer have the mental
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capacity to make decisions for
themselves it is possible that you would
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make enduring power of attorney and this
would never be relied upon or never
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invoked or used because the person
simply never loses mental capacity and
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perhaps passes away or something of that
nature
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as I say and during power of attorney
can be created it could last for twenty
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years and it may never be used however
it is very very useful if it is called
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into action so an enduring power of
attorney comes into being when a person
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becomes incapacitated and that's in
deposit ators in terms of making
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decisions for themselves and so on it
allows the donee that's the attorney to
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make personal care decisions on behalf
of the donor on the donor becomes
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mentally incapacitated so the element of
or the extent of the powers that's
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granted by the enduring power of
attorney is a matter for the
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donar to consider at the outset who can
be an attorney however anyone generally
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can be appointed an attorney there are
exceptions for example a bankrupt or a
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person under 18 years creating in a year
during power of attorney is more complex
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than creating a general power of
attorney a general power of attorney is
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a situation where I've dealt when it
maintains myself where somebody from
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Ireland for example is living and
working abroad
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and they give me they give me power of
attorney to sign contracts for them and
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perhaps sign other documents in the
purchase or sale of a property it's just
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convenient but that's specific or that
power that general power would be only
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for the purpose perhaps of the
conveyance so that's slightly different
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from that's a general power of attorney
that's a fairly straightforward form
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that can be executed this enduring power
of attorney is different it's more
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complex because you need a doctor and
you need a solicitor so the instrument
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of documented must include a statement
from the doctor that the donor had the
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mental capacity to signers at the time
it was signed and understood the effect
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in other words the donor
must understand what it is he's doing it
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must contain a statement from the donor
to the effect that he knew the
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consequences of creating the enduring
power of attorney and it must include a
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statement from a solicitor that the
donor had the capacity to make the
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enduring power of attorney and that the
donor was not acting on running duress
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or undue influence there's a
notification procedure than required
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that these two people must be notified
of the making of the enduring power of
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attorney and these two people cannot
include the donee
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so two other people apart from the
attorneys or donees must be notified one
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of the Nonna's parties must be a spouse
or civil partner if there's known that
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charlie must be notified if there's no
child then a relative must be notified
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there is a hierarchy of people who must
be notified it's not a question of just
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notifying who neighbors are to random
stranger
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there must be somebody who's related to
the person that donor registration then
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of the enduring power of attorney only
comes in or only arises if the person
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loses capacity and loses mental capacity
and the enduring power of attorney then
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is going to be relied upon in order to
make decisions by the attorneys by the
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donees on behalf of and for the benefit
of the donor it only comes into force
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when it's registered and this involves
an application to the registrar of the
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Ward's of court in the High Court and
this can only be made when the donor is
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or is becoming mentally incapable there
must be a medical certificate confirming
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that the donor is incapable of managing
his or her affairs
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the High Court then has extensive
supervisory powers in respect of the EPA
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once it is registered
it can give directions about the
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management and disposal of the property
of a donor and it can revoke or cancel
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the EPA if it is satisfied that the
donor is mentally capable fraud renewal
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pressure was used in the creation of the
EPA or the attorney is unsuitable the
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powers of an enduring power of attorney
and during power of attorney can give
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general powers including personal care
decisions to the attorney or it can give
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specific powers so it could be specific
powers granted only for example in
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relation to personal care decisions all
decisions must be taken in the best
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interest of the donor and the donors
family and carers must be consulted
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personal care decisions include things
like where the donor should live their
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dress and diet who they should see and
not see and so forth these are actually
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set out in the legislation in the powers
of attorney Act 1996 a donor can revoke
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an EPA anytime before it's registered
however if it's registered an
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application must be made through the
court to have a revoked
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an EPA ceases on the death of the donor
and there are also some other limited
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circumstances
where the EPA will be terminated my name
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is teri garr I'm a solicitor and field I
hope you find this video useful if you
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