Power of Attorney

Agency and delegated authority

A power of attorney is a document by which one person (the donor) authorises another (the attorney) to act on the donor's behalf. Use a general power of attorney to appoint someone to deal with property or business affairs. A general power of attorney is governed by the Powers of Attorney Act 1996; an enduring power that is to continue if the donor loses capacity is now made under the Assisted Decision-Making (Capacity) Act 2015.

📄 Power of Attorney

POWER OF ATTORNEY

THIS DEED is made on [date]

BY
Donor: [full name], of [address] ("the Donor")

1. APPOINTMENT
The Donor appoints [full name], of [address] ("the Attorney") to act as the Donor's attorney.

2. AUTHORITY
The Attorney is authorised to do the following on the Donor's behalf:
[general authority to manage the Donor's property and financial affairs] / [the following specific acts: [list, e.g. to sell the property at [address]; to operate bank account [____]; to sign [specified] documents]].
The Attorney shall act in the Donor's best interests and within the scope of this authority.

3. TYPE OF POWER
This is a general power of attorney made under the Powers of Attorney Act 1996. [It is NOT an enduring power and will cease to have effect if the Donor loses mental capacity. To provide for that situation, a separate enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015 is required.]

4. DURATION
This power takes effect on [date] and continues until [revoked by the Donor / the date specified: [date] / completion of the specified act].

5. DELEGATION AND LIMITS
The Attorney may not delegate this authority. The Attorney shall keep the Donor's money and property separate from the Attorney's own and shall keep proper records of any dealings.

6. REVOCATION
The Donor may revoke this power at any time by written notice to the Attorney while the Donor has capacity to do so.

7. GOVERNING LAW
This Deed is governed by the law of Ireland.

IN WITNESS whereof the Donor has executed this document as a deed.

Signed and delivered as a deed by the Donor: ______________________ Date: __________

Witness signature: ______________________
Witness name and address: ______________________

⚖ Legal basis

Frequently asked questions

What is the difference between a general and an enduring power of attorney?

A general power of attorney under the Powers of Attorney Act 1996 lets an attorney act while the donor has capacity, and it ends if the donor loses capacity. An enduring power, now made under the Assisted Decision-Making (Capacity) Act 2015, is designed to continue if the donor later loses capacity and is subject to additional safeguards and registration.

Can I limit what the attorney can do?

Yes. A power of attorney can be general, covering the donor's property and financial affairs, or limited to specific acts such as selling a named property or operating one account. Clause 2 of this template lets you set the exact scope.

How do I cancel a power of attorney?

While the donor still has capacity, a general power of attorney can be revoked at any time by written notice to the attorney, and any third parties who rely on it should be told. An enduring power that has been registered is subject to the specific revocation rules of the governing legislation.