Legal Templates
Power Of Attorney Declaration

Power Of Attorney Declaration for Ireland

Power Of Attorney Declaration Template for Ireland

A Power of Attorney Declaration under Irish law is a formal legal document that enables an individual (the donor) to delegate decision-making authority to one or more trusted persons (attorneys) to act on their behalf. The document is governed by the Powers of Attorney Act 1996 and the Assisted Decision-Making (Capacity) Act 2015, providing a framework for both general and enduring powers of attorney. It includes specific provisions for the scope of authority, duties of the attorney(s), execution requirements, and where applicable, registration with the Decision Support Service. The document must comply with Irish legislative requirements, including proper witnessing and, for enduring powers, medical capacity assessment.

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What is a Power Of Attorney Declaration?

The Power of Attorney Declaration is a crucial legal instrument in Irish law that allows individuals to plan for future decision-making needs or delegate current responsibilities. This document becomes particularly important when someone needs assistance managing their affairs, whether due to temporary absence, illness, or potential future incapacity. The declaration must comply with Irish legislation, particularly the Powers of Attorney Act 1996 and the Assisted Decision-Making (Capacity) Act 2015. It can be created as either a general power of attorney for temporary arrangements or an enduring power of attorney for situations where the donor may lose mental capacity. The document typically includes comprehensive details about the powers granted, the attorney's duties, execution requirements, and any specific limitations or conditions. When registered as an enduring power of attorney, it requires additional formalities including medical assessment and notification to family members.

What sections should be included in a Power Of Attorney Declaration?

1. Declaration Date and Parties: Identifies the date of execution and the donor (principal) and attorney(s), including their full names and addresses

2. Capacity Declaration: Statement confirming the donor's mental capacity and understanding of the document's nature and effect

3. Appointment of Attorney: Formal appointment of the attorney(s) and any successor attorneys

4. Scope of Authority: Clear definition of the powers being granted to the attorney(s)

5. Duration and Effective Date: Specifies when the power of attorney becomes effective and its duration

6. Attorney's Duties and Responsibilities: Outlines the attorney's obligations, standard of care, and fiduciary duties

7. Execution Requirements: Formal requirements for signing, witnessing, and executing the document

8. Revocation Provisions: Circumstances under which the power of attorney can be revoked and the process for revocation

What sections are optional to include in a Power Of Attorney Declaration?

1. Multiple Attorneys Provisions: Required when appointing more than one attorney, specifying whether they act jointly or severally

2. Enduring Provisions: Required for enduring powers of attorney, including additional declarations and notice requirements

3. Healthcare Decisions: Optional section for including healthcare decision-making powers

4. Property and Financial Limitations: Optional section specifying any restrictions on property or financial management powers

5. Foreign Territory Provisions: Required when the power of attorney needs to be used in other jurisdictions

6. Registration Requirements: Required for enduring powers of attorney, detailing registration process with the Decision Support Service

What schedules should be included in a Power Of Attorney Declaration?

1. Schedule 1: Specific Powers: Detailed list of specific powers granted to the attorney(s)

2. Schedule 2: Notice of Intention: Required form for enduring powers of attorney, notifying specified relatives

3. Schedule 3: Medical Capacity Assessment: Required for enduring powers of attorney, including doctor's statement of capacity

4. Schedule 4: Asset Schedule: Optional detailed list of assets covered by the power of attorney

5. Appendix A: Prescribed Forms: Mandatory forms required under Irish legislation for powers of attorney

6. Appendix B: Witness Statements: Required statements from witnesses confirming proper execution

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant Industries

Legal Services

Healthcare

Financial Services

Real Estate

Insurance

Banking

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Social Care

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Elder Care Services

Asset Management

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Relevant Teams

Legal

Compliance

Risk Management

Wealth Management

Private Client Services

Estate Planning

Corporate Services

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Client Relations

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Relevant Roles

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Compliance Officer

Risk Manager

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Financial Advisor

Healthcare Administrator

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Industries
Powers of Attorney Act 1996: Primary legislation governing the creation and execution of powers of attorney in Ireland, setting out the basic requirements for valid powers of attorney
Assisted Decision-Making (Capacity) Act 2015: Modern framework for supported decision-making and capacity assessment, including provisions for enduring powers of attorney and the establishment of the Decision Support Service
Registration of Deeds and Title Act 2006: Governs the registration requirements and authentication of legal documents including powers of attorney
Enduring Powers of Attorney Regulations 1996: Specific regulations governing the creation and execution of enduring powers of attorney, including prescribed forms and notice requirements
Data Protection Act 2018: Relevant for handling personal data in the power of attorney document and ensuring compliance with GDPR requirements
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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