None of us likes to think about a time when we might not be able to make our own decisions. But planning for that possibility — while you’re still well and able — is one of the most empowering things you can do for yourself and the people you love. In Ireland, an Enduring Power of Attorney (EPA) is the legal tool that lets you choose, in advance, who will act on your behalf if you ever lose the capacity to manage your own affairs.
It’s not about giving up control. It’s about keeping control — even of the “what if.”
TL;DR
- An Enduring Power of Attorney (EPA) lets you appoint a trusted person to make decisions on your behalf if you lose mental capacity in the future.
- EPAs cover financial, property, and personal care decisions — but they only come into effect if and when you become unable to decide for yourself.
- You must set up an EPA while you still have mental capacity; it cannot be created after capacity is lost.
- The process requires a solicitor and a medical professional to verify your understanding — this protects you from misuse.
- Since April 2023, new EPAs in Ireland are registered with the Decision Support Service (DSS) under the Assisted Decision-Making (Capacity) Act 2015.
What Is an Enduring Power of Attorney?
An EPA is a legal document that allows you (the donor) to nominate one or more people (your attorneys) to make decisions on your behalf, should you lose mental capacity in the future. It’s governed in Ireland by the Assisted Decision-Making (Capacity) Act 2015, which came fully into operation in April 2023 and replaced the older Powers of Attorney Act 1996 for new EPAs.
Crucially, an EPA does not take effect immediately. Your attorney can only act once the EPA has been registered with the Decision Support Service (DSS) and a medical professional has confirmed that you are, or are becoming, unable to manage your affairs. Until that point, you remain fully in charge.
What Decisions Does an EPA Cover?
An EPA can cover two broad areas:
1. Property and Financial Affairs
This includes managing bank accounts, paying bills, selling or renting property, managing investments, and dealing with the Revenue Commissioners. You can give your attorney broad authority or limit it to specific tasks.
2. Personal Care Decisions
This can include decisions about where you live, who you have contact with, your diet, daily routine, clothing, and participation in social activities. Personal care powers are more limited by law and must always be exercised in your best interests.
Important: An EPA does not cover healthcare treatment decisions. For those, you would need a separate Advance Healthcare Directive (AHD) — a topic we’ve covered in a previous guide. Many solicitors recommend setting up both documents together.
Why Should You Consider an EPA?
You might be thinking, “I’m perfectly well — why worry about this now?” The answer is simple: you can only create an EPA while you have full mental capacity. If capacity is lost before an EPA is in place, your family may need to apply to the courts through the wardship system or the newer DSS processes — a stressful, time-consuming, and often costly procedure.
Research from the Irish Longitudinal Study on Ageing (TILDA) shows that cognitive decline affects a significant proportion of people as they age. Conditions such as dementia, stroke, or serious illness can arise unexpectedly. Having an EPA in place means your wishes are known and your trusted person can step in without delay.
It’s also worth noting that Age Action Ireland and ALONE regularly highlight the importance of legal planning as part of preparing for later life — alongside wills, pensions, and healthcare directives.
How to Set Up an EPA in Ireland
The process has several built-in safeguards to protect you:
Step 1: Choose Your Attorney
Your attorney must be someone you trust completely — often a spouse, partner, adult child, or close friend. You can appoint more than one attorney, either to act jointly (all must agree) or jointly and severally (any one can act alone). Think carefully about who you’d want making financial and personal decisions for you.
Step 2: Consult a Solicitor
A solicitor will draft the EPA document and ensure it meets all legal requirements. They’ll explain your options and help you decide what powers to grant. The solicitor must also certify that you understand the effect of creating the EPA.
Step 3: Medical Verification
A registered medical practitioner must confirm that, in their opinion, you have the mental capacity to understand the effect of creating the EPA. This is a key safeguard against abuse.
Step 4: Notify Relevant Parties
Under the 2015 Act, certain people must be notified that you’re creating an EPA — typically your spouse or civil partner and at least two other people. These notice parties have the right to object to the registration of the EPA if they have concerns.
Step 5: Store Safely
Keep the original document in a secure place (your solicitor’s office is a common choice) and let your attorney know where it is. The EPA is only registered with the DSS when it needs to come into effect.
What Does It Cost?
Solicitors’ fees for preparing an EPA in Ireland typically range from €500 to €1,500, depending on complexity. There is also a registration fee payable to the DSS when the EPA is activated. While this isn’t an insignificant sum, it’s considerably less than the cost and stress of court-based alternatives if no EPA exists.
Some solicitors offer combined packages for an EPA, Advance Healthcare Directive, and will — which can be more cost-effective.
The Decision Support Service (DSS)
The Decision Support Service, part of the Mental Health Commission, is the body responsible for registering and supervising EPAs in Ireland since April 2023. The DSS was established under the Assisted Decision-Making (Capacity) Act 2015 to replace the old wardship system with a more rights-based, person-centred approach.
The DSS maintains a register of EPAs and has powers to investigate complaints and supervise attorneys. This provides an important layer of oversight that didn’t exist under the older system.
You can learn more at decisionsupportservice.ie or by contacting them directly.
Common Questions
Can I change or revoke my EPA?
Yes — as long as you still have mental capacity, you can revoke or amend your EPA at any time. Once registered (i.e., once you’ve lost capacity), revocation requires a court application.
What if I already have an EPA under the old law?
EPAs created under the Powers of Attorney Act 1996 remain valid. However, if you’re creating a new EPA, it must comply with the 2015 Act.
What happens if I don’t have an EPA and I lose capacity?
Your family or loved ones would need to apply to the courts or the DSS for a decision-making representation order. This process is slower, more expensive, and the court — not you — chooses who makes your decisions.
Taking the First Step
Setting up an EPA is one of those tasks that’s easy to put on the long finger. But it’s genuinely one of the most practical and caring things you can do — for yourself and for your family. It removes uncertainty, prevents potential family disagreements, and ensures your voice is heard even if you can no longer speak for yourself.
Start by having a conversation with your family about your wishes. Then contact a solicitor to discuss your options. Many offer a free initial consultation.
At Críonna Health, we believe that planning ahead is a sign of strength, not weakness. It’s about living well today and being prepared for whatever tomorrow brings.
