Provisions of power of attorney

Elderly people who fear they might become mentally incapacitated through illness may, from August 1st, grant power of attorney…

Elderly people who fear they might become mentally incapacitated through illness may, from August 1st, grant power of attorney to a relative or friend, ensuring their affairs are looked after.

The Minister for Equality and Law Reform, Mr Taylor, announced the provisions of the new Act yesterday.

The Power of Attorney Act, which was passed earlier this year to provide for enduring powers of attorney, will not limit this power to the elderly.

Under it, anyone may nominate someone to deal with their property and financial affairs, and to take decisions on their behalf, should they become mentally incapable through accident or illness. This power would not take effect unless and until this happened, and it was registered in the High Court.

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Until now, power of attorney, sometimes given when a person was away or physically incapacitated, automatically lapsed if a person became mentally incapable. This could cause serious problems if a person developed a disease like Alzheimer's.

The Alzheimer's Society of Ireland yesterday welcomed the Minister's announcement.