Power of Attorney: Some of Your Questions Answered

Power of attorney is an oft-discussed legal document that may become necessary to draw up at some point in a person's life. As providers of a bespoke preparation and notarisation service for power of attorney documents, we often get asked questions on this legal term. 

Therefore, to make some of this information more accessible, we've compiled some of the most common questions below. Please remember that this blog is for informational purposes only and should not be seen as an alternative to speaking to our experts or solicitors. 

How much does a solicitor charge for power of attorney?

There can be a variation in the cost of solicitors' fees for drafting, executing, and registering a power of attorney in Ireland. The price can range from €450 plus VAT to as much as €2000 plus VAT to set up an Enduring Power of Attorney (EPA). Setting up an EPA for a couple typically won't cost double that of a single person.

Registration fees for an EPA can also vary. They can range anywhere between €800 and €2500 plus VAT.

How to get power of attorney in Ireland?

Making an Enduring Power of Attorney is a serious legal step. To ensure it's done correctly, consulting with a solicitor beforehand is highly recommended.

Here's what's involved:

Proof of Mental Capacity:  A doctor's confirmation is needed to show you understand what you're doing when creating the document.
Understanding the Power:  Your lawyer will explain the implications of creating this document and will sign a statement confirming you grasped this explanation.
Specifying Authority:  You'll need to outline the powers you're granting to your attorney.
Informing Others:  At least two people (Notice Parties) must be told about the Enduring Power of Attorney. One of these people should be a close relative (blood relative). If you have a spouse and they're not your attorney, they must still be informed as a Notice Party.

What happens if someone has dementia and no power of attorney?

In this situation, a court order becomes necessary to manage their finances and affairs. This process, called becoming a Ward of Court, can be costly and time-consuming.  An Enduring Power of Attorney avoids this hassle by giving you control over who manages your affairs if you can't make decisions yourself.

Can a power of attorney be revoked?

There are two main things to know:

• If your EPA is registered after April 26, 2023: You can cancel it (revoke) or make changes (vary) by contacting the Decision Support Service (DSS). However, this only works if no one has officially reported that you lack mental capacity.
• If your EPA is registered before April 26, 2023: Unfortunately, you can only cancel it through the High Court.

What you'll need to provide, regardless of the date:

• A statement confirming you understand the consequences of your decision (revoking or varying the EPA).
• A statement from a lawyer (solicitor or barrister) verifying you understand the implications and aren't being pressured.
• If you're varying the EPA, a statement from your attorney acknowledging the changes.

If you still have questions, please contact our offices today.