A Power of Attorney is a legal device which enables a person to make provision for their family and personal affairs if he/she is absent, abroad or incapacitated through illness. Essentially it allows a person (the Donor) to appoint a person to take actions on the Donor’s behalf.

A Donor can appoint anyone they wish to be their Attorney including spouse, family member, friend, colleague etc.

There are two specific types of Power of Attorney:

• Power of Attorney (general)
• Enduring Power of Attorney

Power of Attorney (general)

A general Power of Attorney is simple legal document by which a person can give another person the authority to manage some or all of their affairs with or without restriction or limitation.  A Power of Attorney automatically ceases when the Donor becomes incapacitated.

How To Create A Power Of Attorney

A general Power of Attorney can be created when signed either by you or at your direction and in the presence of a witness.

Contact our office to make an appointment with a Solicitor who can advise you upon the procedure and assist with the application to the Court.

Enduring Power Of Attorney

An Enduring Power of Attorney is created when a Donor gives authority to somebody else to handle part or all of their affairs with or without restriction should they become incapable of managing their own affairs. It takes effect on the incapacity of the Donor.

How to Create an Enduring Power of Attorney

As the enduring power of attorney involves the transfer of considerable powers from the Donor to another person there are a number of legal safeguards to protect the Donor from abuses. The procedure for executing a power of attorney is complex and full registration of the enduring power of attorney requires an application to be made in the High Court. Morgan McManus solicitors will help to simplify matters for you and ensure all necessary legal procedures have been complied with.

For further information, view our webpage on Enduring Powers of Attorney.

Contact our office to make an appointment with a Solicitor who can advise you upon the procedure and assist with the application to the Court.