Email: Michael.collins@collinslaw.ie or Call: 067 27 470

Michael Collins & Company LLP

Enduring Powers of Attorney

We strongly advise that anyone of advanced years or who has serious health difficulties should create an Enduring Power of Attorney. An Enduring Power of Attorney will enable you to appoint a trusted, reliable person to act as your Attorney and to manage your affairs in the event of you losing the mental capacity to manage them yourself. An Enduring Power of Attorney can only be activated in the event that you lose the mental capacity to manage your own affairs including your finances and your property. To create an Enduring Power of Attorney, your G.P. must firstly certify that you have the mental capacity to create an Enduring Power of Attorney and to understand same. The Enduring Power of Attorney can only be activated if your Doctor subsequently certifies this by way of a medical report, that you have lost the mental capacity to manage your own affairs.

 On foot of such a Doctors certificate, the Enduring Power of Attorney is then enrolled with the Courts Service and is thereby activated. Apart from the protection of the Courts, there is a further inbuilt protection in an Enduring Power of Attorney in that once you create the Enduring Power of Attorney, two close relatives must be notified by us as your Solicitor in writing and by registered post. The creation of the Enduring Power of Attorney is not therefore a complete secret but is something that is notified to two close family members in addition, of course to the Attorney appointed by you.

 

The Enduring Power of Attorney can also authorise your Attorney to take all care decisions for you in the event of your loosing mental capacity to make your own personal care decisions.

How much does an Enduring Power of Attorney cost? The cost of an Enduring Power of Attorney is usually as follows;

  1. Professional fee € 750.00
  2. 23% VAT € 172.50
  3. Medical Certificate from your G.P. € 100.00
  4. Registered Post € 18.00

Total €1,040.50

In the event of you subsequently losing your mental capacity to manage your own affairs and the need arising for the Enduring Power of Attorney to be relied upon, then it has to be enrolled with the Courts Service and the legal costs and outlays associated with enrolment are as follows;

  1. Professional fee €1,500.00
  2. 23% VAT € 345.00
  3. Court fee € 60.00
  4. Commissioner for Oaths € 50.00
  5. Medical Report € 250.00

Total €2,205.00

If you are concerned that you may need to create an Enduring Power of Attorney, please do not hesitate to contact us and we will provide professional and entirely confidential advise to you.