Enduring Power of Attorney

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On 6 January 2023 the Assistant Decision Making (Capacity Amendment Act 2022)
completed its passage through the Houses of Oireachtas and was signed by the President on 17 December 2022.

The Act promises to provide many changes to the current Enduring Power of Attorney process.

One of the proposed amendments is the Section 68 of the 2015 Act which states the Donor (the person making the Enduring Power of Attorney) shall within five weeks following execution of the Enduring Power of Attorney make an application to register the power with Decision Support Service

This is different from the previous regime which was a two-step process whereby the Donor would execute the Enduring Power of Attorney and it would only be registered by the Attorney if the Donor lost capacity.

It is highly advisable for people to make an Enduring Power of Attorney in particular those who have a family history of dementia, alzheimer’s or any other mental condition.

Should anybody have any queries in relation to Enduring Power of Attorneys please contact our office.


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