A Power of Attorney (PoA) is a legal document that permits a person to authorise another person to act on their behalf in specified circumstances and make decisions about crucial matters like finances, properties, business etc. People largely enquire about the power of attorney in Cork City concerning the Fair Deal Scheme, but many of them are unaware of the fact that a Power of Attorney (general) and an Endurance Power of Attorney are similar-looking different things. Here is a clarification.
The Basic Mechanism Of The Power of Attorney
The person making an Enduring Power of Attorney is called a Donor, and the person whom the donor nominates is the attorney. Hence, the power is given to the attorney. The terms in the document are set according to the specific instructions of the donor, who has all the rights to narrow down exactly what "powers" are given to the attorney, for how long and in which circumstances. The mechanism comes into effect if the donor is mentally disabled or the circumstances occur as indicated by the donor.
Difference Between Power of Attorney and Enduring Power of Attorney
A General Power of Attorney (GPA) can be used in typical circumstances when the donor is expecting to travel abroad and wishes to appoint a trusted person to make important decisions in the business, which may be about financial transactions or any other fields.
The Enduring Power of Attorney (EPA) differs in terms that it can only come into effect if the donor is ever mentally incapable.
In a nutshell, GPAs allow the nominated attorney to make certain decisions on behalf of the donor for only a certain period, and with the donor having the full mental capacity. The EPA particularly works in the circumstances of the mental incapacity of the donor. If the donor meets an accident or becomes mentally disabled, the GPA would dismiss automatically. That's why it is highly recommended to senior citizens to have an EPA in place.
The EPA would also give the attorney the power to make personal care decisions, including housing and social welfare benefits, rehabilitation needs, diet and special care, and where they can live and with whom.
How To Have A Power of Attorney in Place
Contrary to popular belief, one does not need a solicitor or lawyer to make or activate a PoA. The donor can draft the document like any other business letter. Activating the PoA needs the signature of the donor and the nominee/attorney in the presence of a witness.
People often choose their spouse or civil partner to be their attorney. Many business owners also trust their business partner, secretary or any other non-relative associate whom they trust. In the case that the attorney is not a close relative, the donor must appoint two of their close relatives to serve as "notice parties". The notice parties would have the authority to object to the activation of the PoA if they believe it is not in the best interests of the donor or the attorney is no longer qualified for the position.
It is standard practice to seek the legal guidance of a lawyer or solicitor in Cork and all other regions in Ireland for safety from making any unwanted mistakes and overall legal security.
Activation of The PoA by Attorney
In the circumstance of deteriorating mental stability of the donor, it is the attorney(s)'s responsibility to apply to the Registrar of Wards of Court timely. The attorney must inform the donor before filling the application. The attorney would also need a Medical Certificate to prove the mental health status of the donor and verify the legitimacy of the application. The notice parties would be sent notices by the Ward, informing the activation request by the attorney, and up to 5 weeks are considered the maximum waiting period for any objections. Then it takes up to 4 more weeks to register to EPA.
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