Enduring Power of Attorney (EPA)

Paul W Tracey Solicitors are specialists in Enduring Power of Attorney with a reputation for providing a client focused service. We help our clients deal with all aspects of their Enduring Power of Attorney as effectively and easily as possible.

We have dealt with many clients who have made Enduring Power of Attorneys over the years and are proud of our record of client care.

We use our knowledge and experience to give you the service you need. We offer personal attention, we use plain language and we provide practical and impartial advice.

We have set out below an overview of EPA's. If you have more specific queries please contact us. We would be delighted to be of assistance.

What is an Enduring Power of Attorney?

If the person making the EPA (the “Donor”) loses their capacity to deal with their own affairs (personal and financial affairs) their nominated persons, usually their next of kin will deal with their affairs on their behalf. These next of kin appointed in the EPA are called “Attorneys”.

It is important to understand that the Attorneys do not act or obtain any powers until the Donor has been proven to have lost their capacity.

The EPA has no effect until the Donor is proven to have lost his/her capacity and the registration process followed. The EPA will remain safely on our file at Paul W Tracey Solicitors until and if ever, it is required. An EPA gives great peace of mind and ensures that property and assets such as houses and bank accounts etc., can be dealt with by next of kin if the Donor loses capacity.

Once executed an EPA remains dormant until such time as it is required to be activated if ever and it is then registered in the High Court. The registration process is very detailed and involves medical proofs and notification of the next of kin and the Donor.

This process is designed to protect and safeguard the Donor’s rights and interests.

In the case of a temporary incapacitation such as a coma, it can be revoked once the Donor is deemed to be Compos Mentis i.e. able to manage their affairs again.

If a person loses the capacity to manage their own affairs and they have not executed an Enduring Power of Attorney then it may be necessary to have such a person made a Ward of Court.

In order to advise you and draft the appropriate EPA on your behalf we assist you: -

• in completing a detailed instruction sheet,
• engage in consultation with you and your proposed attorneys,
• correspond with your Medical Practitioner in order to obtain a Certificate regarding Capacity for the completion and,
• execution and of Enduring Power of Attorney.

Our Services

As Specialist Solicitors in Probate we are happy to assist or advise you in any aspect of your situation. If you need more information you can contact us.

You can start by telling us your query or call us on 1890 940 140 or +353 (0)1 649 9900, Email us at law@traceysolicitors.ie or we can call you back.

After discussing your situation with you, we can advise how to proceed. We look forward to hearing from you.