.png)
Lets Consult EPA
Enduring Power of Attorney
If you are currently able to make your own decisions but want to plan ahead, an Enduring Power of Attorney (EPA) allows you to choose someone you trust to act for you in the future if you become unable to make certain decisions yourself. This person is called your Attorney and does not have to be a lawyer.
An EPA can cover decisions about:
-
Your personal welfare
-
Your property and finances
You can give your Attorney wide authority or limit their role to specific decisions. You can also appoint more than one Attorney and choose a replacement if needed.
The Two Stages of an EPA
An EPA is made in two stages:
1. Making the EPA:
While you have capacity, you choose your Attorney(s) and decide what decisions they can make. The EPA is prepared and registered but does not take effect immediately. The EPA will only take effect if you lose capacity to make decisions. At that stage, your attorney can make an application to register your EPA, which will allow them to make decisions on your behalf.
2. Activating the EPA:
If, in the future, you lose capacity, your Attorney can apply to have the EPA brought into effect. This can be achieved with a few simple steps without having to make an application to the Court. Your Attorney(s) will have to request two Doctors to certify that you have now lost the capacity to make decisions for yourself. Once approved, they can act on your behalf as set out in the document.
Under the current system, Attorneys are supervised to ensure they act properly and in your best interests.
What is an EPA –
Enduring Power of Attorney?
.png)
How It Works:
What is a Decision-Making Assistance Agreement?
.png)
A Decision-Making Assistance Agreement is a legally recognised way to get support with decisions while you are fully in control. You choose someone you trust to help you understand your options and communicate your choices, but they do not make decisions for you.
1). Choose a person you trust
You can appoint someone you know and trust, such as a family member, friend, or another trusted individual.
2). Decide what you want support with
You can appoint someone you know and trust, such as a family member, friend, or another trusted individual.
3). Your assistant supports, they do not decide
A decision-making assistant helps you by:
-
Helping you think through your options
-
Supporting you in communicating your decisions to others
Co-Decision-Making Agreement:
A Co-Decision-Making Agreement allows a person to make certain decisions jointly with someone they trust. The individual remains actively involved in all decisions, with structured support where it is needed. This option is suitable where a person has decision-making capacity but benefits from shared support in specific areas of their life.
Other Options:
4). You stay in charge at all times
You always remain the decision-maker. The assistant’s role is to support and guide you — not to decide on your behalf.
5). The agreement is legally recognised
The agreement gives your chosen assistant the legal authority to support you in the decision areas you specify.
6). You gain clarity and peace of mind
This agreement helps ensure you have the support you need to understand and make decisions, while protecting your independence and giving you reassurance.
Decision-Making Representation Order:
A Decision-Making Representation Order applies where a person is unable to make certain decisions, even with support. In these cases, the Court appoints a decision-making representative to make specific decisions on the person’s behalf. The representative must take the person’s wishes into account and can only act within the limits set out in the Court Order, which is regularly reviewed to ensure it remains appropriate.
Further Information
Official guidance from the Decision Support Service
For independent, up-to-date information on Enduring Power of Attorney and decision-making supports in Ireland, you can visit the Decision Support Service (DSS) website.
The DSS is the statutory body responsible for overseeing decision-making arrangements under Irish law. Their website provides detailed guidance, forms, and explanations of the different supports available.
While the DSS offers general information, LETS Consult EPA is here to guide you through the process personally; explaining your options clearly, preparing documentation, and supporting you every step of the way.
You can visit the DSS website by clicking this link -
.png)