M50 Barrier Free Tolling
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What is a Power of Attorney?
A Power of Attorney is a legal device created by a person (called the Donor) during their life time when they are in good health. It allows another specifically appointed person (called an Attorney) to take actions on behalf of the Donor when they are absent abroad or incapacitated through illness.
Note: Both forms of Power of Attorney cease on the Donor’s death.
Creating a Power of Attorney:
Enduring Powers of Attorney documents must be in a specific format and include the following:
In addition a number of people must be notified of the making of an Enduring Power of Attorney which would include family members e.g. Spouse, next-of-kin.
Who can act as an Attorney?
A Power of Attorney can be appointed to either individuals or to corporations however the following may not act as Attorney’s.
An Enduring Power of Attorney must be registered with the High Court and the future Attorney makes the application to the High Court once the Donor becomes incapacitated. A Medical Certificate confirming the Donor is incapable of dealing with their affairs must be submitted to the Court. A Notice of this application must be served by the Attorney, the Donor and a number of other people, those being the ones that were initially notified of the creation of the Power of Attorney.
As stated above the Courts have a supervisory role in relation to Enduring Power of Attorneys and these include the directions about the management and disposal of your property.
Revocation of a Power of Attorney:
The Court may confirm the Revocation of a Power of Attorney once satisfied that the Donor is mentally capable to revoke it or the Attorney is unsuitable or undue pressure was placed on the Donor in creating the Power of Attorney.
Personal Care Decisions:
An Attorney makes certain personal care decisions on the Donors behalf which would include where and with whom they live, who they should and should not see, or training and rehabilitation they should get, their diet and dress, inspection of their personal papers, housing and social welfare
It is important to note however that the Attorney is not authorised to make health care decisions on the Donors behalf and it would appear that they would be unable to consent to medical treatment on the Donors behalf.
For further information please contact:
Mary Walsh (Solicitor)
Yvonne Kelly (Solicitor)