How to Set Up an Enduring Power of Attorney in Cork

An Enduring Power of Attorney (EPA) is one of the most important legal planning documents available under Irish law. It allows you to appoint a trusted person to manage your financial, personal, and healthcare decisions if you ever become unable to make those decisions yourself due to mental incapacity. This guide explains how to set up an EPA in Cork, the legal requirements involved, and how Hugh Phelan, Solicitor & Notary Public, can assist you through the process.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document in which you (the donor) appoint one or more persons (the attorney(s)) to make decisions on your behalf if you lose mental capacity in the future. Unlike a general Power of Attorney, which ceases to be valid when the donor loses capacity, an EPA is specifically designed to endure — that is, to continue in effect or come into effect upon loss of capacity.

The legal framework for EPAs in Ireland is set out in the Assisted Decision-Making (Capacity) Act 2015 (as amended by the Assisted Decision-Making (Capacity) (Amendment) Act 2022). This legislation replaced the old system under the Powers of Attorney Act 1996 with a modernised framework that includes oversight by the Decision Support Service (DSS), a body established under the Act.

An EPA can grant your attorney powers in three broad areas:

• Property and financial affairs: Managing bank accounts, paying bills, selling or purchasing property, managing investments
• Personal welfare: Decisions about where you live, your daily care, social activities
• Healthcare: Decisions about medical treatment and care (subject to certain statutory restrictions)

Why Do You Need an Enduring Power of Attorney?

Without an EPA in place, if you lose mental capacity, your family members cannot simply step in and manage your affairs. Instead, they would need to apply to the Circuit Court for a decision-making order under the 2015 Act. This process is time-consuming, expensive (often costing several thousand euros), and stressful for your family at an already difficult time.

An EPA provides several important benefits:

• You choose who decides: You select the person or persons you trust most, rather than having the court appoint someone
• Speed and efficiency: An EPA can be registered and activated relatively quickly, avoiding lengthy court proceedings
• Cost savings: While there is an upfront cost to creating an EPA, it is significantly less expensive than a wardship or decision-making order application
• Peace of mind: Knowing that your affairs will be managed by someone you trust provides comfort for both you and your family
• Specific instructions: You can include specific wishes and instructions about how you want your affairs managed

Legal Requirements for an EPA in Ireland

The Assisted Decision-Making (Capacity) Act 2015 sets out detailed requirements for creating a valid EPA:

Capacity

You must have mental capacity at the time you create the EPA. This means you must understand what an EPA is, what powers you are granting, why you are creating it, and what the consequences may be. A registered medical practitioner must provide a written statement confirming your capacity.

Independent Solicitor

The EPA must be executed in the presence of a solicitor who is independent of the attorney. The solicitor's role is to satisfy themselves that you understand the effect of the EPA and that you are not acting under undue influence. This is a statutory safeguard designed to protect donors.

Notice Parties

You must nominate at least two notice parties — persons who will be notified when the attorney applies to register the EPA with the Decision Support Service. These persons act as an additional safeguard, as they can raise objections to the registration if they have concerns.

Prescribed Form

The EPA must be in the prescribed statutory form as set out in the regulations made under the 2015 Act. Using the correct form is essential — an incorrectly formatted EPA may be rejected by the Decision Support Service.

Choosing Your Attorney

Selecting the right attorney is the most important decision in the EPA process. Key considerations include:

• Trustworthiness: This person will have significant power over your affairs — choose someone you trust absolutely
• Availability: The attorney needs to be able and willing to take on the role when needed
• Financial competence: If you are granting financial powers, the attorney should be capable of managing money and property
• Age: Consider whether your chosen attorney will likely be available and capable when the EPA might be needed
• Location: While the attorney does not need to live in Ireland, practical considerations around accessibility should be considered

You may appoint more than one attorney. If you do, you must specify whether they should act jointly (all must agree on every decision), jointly and severally (they can act together or independently), or a combination of both for different types of decisions.

Step-by-Step Process for Creating an EPA in Cork

1. Initial Consultation

Meet with a solicitor to discuss your wishes, choose your attorney(s), and identify your notice parties. The solicitor will explain the process, the powers available, and any specific considerations for your situation.

2. Medical Assessment

Visit a registered medical practitioner who will assess your mental capacity and provide the required written statement. This assessment should be carried out close in time to the execution of the EPA.

3. Drafting

Your solicitor will draft the EPA using the prescribed statutory form, incorporating your specific instructions and wishes. The draft should be reviewed carefully to ensure it accurately reflects your intentions.

4. Execution

You will sign the EPA in the presence of the independent solicitor and a witness. The solicitor will certify that they are satisfied you had capacity and were not acting under undue influence. Your attorney(s) must also sign to accept their appointment.

5. Safe Storage

The original EPA should be stored securely. Your solicitor can retain it, or you may wish to store it in a safe deposit box. Ensure your attorney knows where the original document is kept.

Registration with the Decision Support Service

An EPA is not registered immediately upon creation. Registration occurs when the attorney has reason to believe that you are losing or have lost mental capacity. The registration process involves:

• The attorney applying to the Decision Support Service (DSS) to register the EPA
• Notification being sent to the notice parties named in the EPA
• A statutory waiting period during which objections may be raised
• The DSS reviewing the application and, if satisfied, registering the EPA

Once registered, the attorney can exercise the powers granted in the EPA, subject to the oversight of the DSS. The DSS has supervisory functions and can investigate complaints about how an attorney is exercising their powers.

How Much Does an EPA Cost in Cork?

The cost of setting up an EPA in Cork typically includes:

• Solicitor's fees: €500–€1,500, depending on complexity
• Medical assessment: €100–€200 for the capacity certificate
• DSS registration fee: Applicable when the EPA is eventually registered

While the upfront cost may seem significant, it is a fraction of what a court application for a decision-making order would cost (typically €5,000–€15,000 or more). An EPA is one of the most cost-effective forms of legal protection you can put in place.

For detailed fee information, see our pricing page.

How Hugh Phelan Can Help

Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Co. Cork. With over 20 years of experience, Hugh can guide you through every step of the EPA process — from the initial consultation to drafting, execution, and advising on registration when the time comes.

As both a solicitor and a Notary Public, Hugh can also assist if your Power of Attorney documents need to be notarised for use in another jurisdiction, providing a seamless, one-stop service.

Contact us today at 021-489-7134 or info@phelansolicitors.com to arrange a consultation, or book an appointment online.