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Enduring Power of Attorney (EPA) Template — Ireland
Plan ahead for a time when you may lose decision-making capacity. Our free Irish Enduring Power of Attorney template is drafted to the Assisted Decision-Making (Capacity) Act 2015 Part 7 framework that has applied to all new EPAs since 26 April 2023, including Decision Support Service registration requirements, the two-stage activation process, and the statutory notice party rules.
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ENDURING POWER OF ATTORNEY
Made Under Part 7 Of The Assisted Decision-making (Capacity) Act 2015
DONOR
| FULL NAME | Mary O'Connor |
| RESIDENTIAL ADDRESS | 14 Sandymount Avenue, Dublin 4, D04 K8H7 |
| PPSN | 1234567T |
| DATE OF BIRTH | 12 March 1958 |
| OCCUPATION | Retired teacher |
ATTORNEYS
| ATTORNEY 1 — NAME | Patrick O'Connor |
| ATTORNEY 1 — ADDRESS | 22 Belgrave Square, Monkstown, Co. Dublin, A94 K2Y3 |
| ATTORNEY 1 — PPSN | 7654321A |
| ATTORNEY 1 — RELATIONSHIP | Son |
| ATTORNEY 2 — NAME | Sinéad O'Connor |
| ATTORNEY 2 — ADDRESS | 11 Marlborough Road, Donnybrook, Dublin 4, D04 V3H7 |
| ATTORNEY 2 — PPSN | 8877665B |
| ATTORNEY 2 — RELATIONSHIP | Daughter |
I, Mary O'Connor of 14 Sandymount Avenue, Dublin 4, D04 K8H7 (PPSN 1234567T), being an adult of full decision-making capacity at the date of this instrument, HEREBY APPOINT two Attorneys, who shall act jointly in respect of major decisions (property disposal exceeding €25,000, sale of the principal private residence, and personal welfare) and severally for all other matters pursuant to Part 7 of the Assisted Decision-Making (Capacity) Act 2015 ("ADMCA 2015"), to make decisions on my behalf in the matters set out below in the event that I subsequently lack capacity to make those decisions myself.
1.
INTERPRETATION
In this Enduring Power of Attorney ("EPA") the following expressions bear the meanings ascribed by ADMCA 2015: "Donor" means the person creating this EPA; "Attorney" means the person or persons appointed under clause 2; "Notice Party" means a person identified under clause 7; "DSS" means the Decision Support Service established under s.94 ADMCA 2015; "capacity" has the meaning given in s.3 ADMCA 2015 (a functional, decision-specific test). This EPA is intended to take effect under and is governed by Part 7 ADMCA 2015, which commenced on 26 April 2023.
2.
APPOINTMENT OF ATTORNEY
I appoint two Attorneys, who shall act jointly in respect of major decisions (property disposal exceeding €25,000, sale of the principal private residence, and personal welfare) and severally for all other matters. Where two Attorneys are appointed jointly, the death, incapacity, refusal or disqualification of one Attorney shall terminate the appointment of both unless a Successor Attorney is appointed under clause 15. Where two Attorneys are appointed severally, each may act independently within the scope of authority set out below.
3.
SCOPE OF AUTHORITY
(a) Property and Affairs: to manage, administer, buy, sell, mortgage, lease, surrender, exchange and otherwise deal with any real or personal property; to operate, open and close bank, building society and credit union accounts; to make and realise investments; to collect income (including pension and rental income); to pay debts, taxes and outgoings; to engage with the Revenue Commissioners (including via the Revenue Online Service); to commence, defend and settle legal proceedings; and to execute all deeds, transfers, instruments and documents necessary for the foregoing.
(b) Personal Welfare: to make decisions about my day-to-day welfare, including where I live, with whom I associate, my diet, dress, personal hygiene, and participation in social, educational, religious and recreational activities. The Attorney's personal welfare authority does not include any decision to refuse life-sustaining treatment; such decisions are governed by my Advance Healthcare Directive (if any) under Part 8 ADMCA 2015, and otherwise by my treating clinicians and next-of-kin under the HSE National Consent Policy.
(c) Additional specific powers: Authority to engage with my GP and consultants on day-to-day care arrangements; authority to operate my Revenue ROS account.
(b) Personal Welfare: to make decisions about my day-to-day welfare, including where I live, with whom I associate, my diet, dress, personal hygiene, and participation in social, educational, religious and recreational activities. The Attorney's personal welfare authority does not include any decision to refuse life-sustaining treatment; such decisions are governed by my Advance Healthcare Directive (if any) under Part 8 ADMCA 2015, and otherwise by my treating clinicians and next-of-kin under the HSE National Consent Policy.
(c) Additional specific powers: Authority to engage with my GP and consultants on day-to-day care arrangements; authority to operate my Revenue ROS account.
4.
WHEN THIS EPA TAKES EFFECT
This EPA shall come into force only at the time when (and only to the extent that) I lack capacity, on a functional decision-specific basis, to make the relevant decision myself. The Attorney must, before exercising authority under this EPA, give notice in writing to the DSS in the prescribed form together with a statement from a registered medical or healthcare practitioner confirming that I lack capacity in relation to the decisions covered. Until this notification stage is completed, the Attorney has no decision-making authority. Pending notification, this EPA serves as a registered but dormant instrument under s.71 ADMCA 2015.
5.
EXCLUDED MATTERS
Notwithstanding the scope of authority granted under clause 3, the Attorney has no authority to: (a) vote in any election or referendum on my behalf; (b) consent to or refuse marriage, civil partnership, divorce, judicial separation or dissolution; (c) make, vary or revoke a will or codicil on my behalf; (d) consent to the placing of a child for adoption or to an adoption order; (e) consent to a sterilisation procedure or to the donation of an organ; (f) consent to or refuse treatment for a mental disorder regulated by the Mental Health Act 2001; or (g) take any other decision excluded from EPA scope by ADMCA 2015 s.59(2) or by regulations made thereunder.
6.
NOTICE PARTIES (S.62 ADMCA 2015)
I designate the following persons as Notice Parties for the purposes of s.62 ADMCA 2015. At least one Notice Party is a blood relative of the Donor as required by s.62(2). My spouse, civil partner or qualified cohabitant (if any and if not also an Attorney) is included.
(1) Brendan O'Connor of 5 Glenageary Road Upper, Dún Laoghaire, Co. Dublin, A96 PW33 — Brother (blood relative)
(2) Niamh Walsh of 7 Adelaide Road, Dublin 2, D02 X285 — Niece (blood relative)
(3) John Murphy of 12 Anglesea Street, Cork, T12 X8Y9 — Family friend
Each Notice Party shall receive notice of any application to register this EPA with the DSS and shall have a period of five weeks within which to object on any of the grounds set out in s.69 ADMCA 2015.
(1) Brendan O'Connor of 5 Glenageary Road Upper, Dún Laoghaire, Co. Dublin, A96 PW33 — Brother (blood relative)
(2) Niamh Walsh of 7 Adelaide Road, Dublin 2, D02 X285 — Niece (blood relative)
(3) John Murphy of 12 Anglesea Street, Cork, T12 X8Y9 — Family friend
Each Notice Party shall receive notice of any application to register this EPA with the DSS and shall have a period of five weeks within which to object on any of the grounds set out in s.69 ADMCA 2015.
7.
REGISTRATION WITH THE DECISION SUPPORT SERVICE
Application for registration of this EPA shall be made to the Decision Support Service via the DSS online portal within three months of the date of execution. The current statutory fee is €30 (subject to periodic review by the Minister for Children, Equality, Disability, Integration and Youth under s.105 ADMCA 2015). The application shall include the executed EPA instrument, the Statement of Capacity by a registered medical or healthcare practitioner, the Statement by Legal Practitioner, the Statement of Acceptance by the Attorney(s), and Notice to each Notice Party. The DSS shall register the EPA if no valid objection is received within the five-week notice period.
8.
DONOR'S STATEMENT OF UNDERSTANDING (S.60(1)(A))
I, Mary O'Connor, hereby state and confirm: (a) I understand the purpose and effect of this Enduring Power of Attorney; (b) I understand that I may, while I retain capacity, vary or revoke this EPA in accordance with s.65 ADMCA 2015 by written notice to the DSS and to each Attorney and Notice Party; (c) I am executing this EPA freely, without fraud, coercion or undue influence; and (d) I confirm that I have received independent legal advice from the Legal Practitioner identified in clause 11 and a capacity assessment from the Practitioner identified in clause 10.
9.
STATEMENT OF CAPACITY BY REGISTERED PRACTITIONER (S.60(2))
I, Dr. Síle Ní Bhriain (MB BCh BAO, MICGP — Irish Medical Council Reg. No. 412287), being a registered medical or healthcare practitioner within the meaning of s.60(2) ADMCA 2015, having personally examined the Donor within a reasonable period before execution, state that in my professional opinion the Donor has, on the date of execution, the capacity (within the meaning of s.3 ADMCA 2015) to understand the nature and effect of creating this Enduring Power of Attorney.
Signed: ________________________ Date: ________________
Signed: ________________________ Date: ________________
10.
STATEMENT BY LEGAL PRACTITIONER (S.60(1)(B))
I, Eoin Gallagher BL of Gallagher and Quinn Solicitors LLP, 22 Earlsfort Terrace, Dublin 2, being a solicitor or barrister independent of the Attorney(s), state that: (a) I have interviewed the Donor and am satisfied that the Donor understands the purpose and effect of this EPA, including the right to vary or revoke under s.65; (b) I have no reason to believe that the Donor is acting under fraud, coercion or undue influence; and (c) I have engaged with the Donor in accordance with the Decision Support Service Code of Practice for Legal Practitioners.
Signed: ________________________ Date: ________________
Signed: ________________________ Date: ________________
11.
ATTORNEY'S STATEMENT OF ACCEPTANCE (S.60(1)(C))
I/We, the Attorney(s) named above, hereby state and confirm: (a) I/We have read and understand the terms of this Enduring Power of Attorney; (b) I/We accept the appointment and undertake to act in accordance with the duties imposed by s.66 ADMCA 2015, including the duty to act in good faith, to keep proper accounts and records, to avoid conflicts of interest, to act within the scope of authority granted, and to act in the Donor's best interests (within the meaning of s.8 ADMCA 2015); and (c) I/We undertake not to exercise any authority under this EPA until the Donor has been determined to lack capacity in relation to the relevant decision and the notification stage has been completed with the DSS.
Signed (Attorney 1): ________________________ Date: ________________
Signed (Attorney 2): ________________________ Date: ________________
Signed (Attorney 1): ________________________ Date: ________________
Signed (Attorney 2): ________________________ Date: ________________
12.
SUCCESSOR ATTORNEY
I appoint Aoife O'Connor of 34 Merrion Square North, Dublin 2, D02 R294 (PPSN 5544332Z) (relationship: Solicitor (cousin)) as Successor Attorney, with the same scope of authority as the primary Attorney(s), to act in the event that the primary Attorney(s) is/are unable, unwilling, or disqualified from acting (broadest protection). The Successor Attorney shall, before commencing to act, give written notice to the DSS in accordance with s.65 ADMCA 2015 and to each Notice Party.
13.
RESTRICTIONS AND CONDITIONS (S.61)
Pursuant to s.61 ADMCA 2015, the exercise of the Attorney's authority under this EPA is subject to the following restrictions and conditions:
Single-transaction monetary cap: €25,000 per transaction without co-signature of the Successor Attorney
Asset carve-outs: The principal private residence at 14 Sandymount Avenue, Dublin 4 shall NOT be sold, mortgaged or charged save with the prior written consent of all Notice Parties.
Specifically prohibited actions: The Attorney is expressly prohibited from gifting any of my assets save for charitable donations not exceeding €1,000 per annum.
The Attorney shall record compliance with these restrictions in the annual accounting required under clause 17 (if applicable), and any breach shall be a ground on which the DSS may, on application or of its own motion, investigate and revoke or limit the EPA under s.94 ADMCA 2015.
Single-transaction monetary cap: €25,000 per transaction without co-signature of the Successor Attorney
Asset carve-outs: The principal private residence at 14 Sandymount Avenue, Dublin 4 shall NOT be sold, mortgaged or charged save with the prior written consent of all Notice Parties.
Specifically prohibited actions: The Attorney is expressly prohibited from gifting any of my assets save for charitable donations not exceeding €1,000 per annum.
The Attorney shall record compliance with these restrictions in the annual accounting required under clause 17 (if applicable), and any breach shall be a ground on which the DSS may, on application or of its own motion, investigate and revoke or limit the EPA under s.94 ADMCA 2015.
14.
PERSONAL WELFARE PREFERENCES AND AHD CROSS-REFERENCE
I have executed an Advance Healthcare Directive dated 10 May 2026 under Part 8 ADMCA 2015 ss.82-92, to which this EPA is to be read subject. Where the AHD speaks on a matter, the AHD prevails.
My personal welfare preferences are as follows: I wish to remain in my own home for as long as is medically practicable. If residential nursing care becomes necessary, I prefer a facility within 30 kilometres of Sandymount. I value daily access to outdoor walks, classical music, and weekly visits from family.
The Attorney shall give effect to these preferences so far as practicable and lawful, and shall consult with my Notice Parties and treating clinicians where competing considerations arise.
My personal welfare preferences are as follows: I wish to remain in my own home for as long as is medically practicable. If residential nursing care becomes necessary, I prefer a facility within 30 kilometres of Sandymount. I value daily access to outdoor walks, classical music, and weekly visits from family.
The Attorney shall give effect to these preferences so far as practicable and lawful, and shall consult with my Notice Parties and treating clinicians where competing considerations arise.
15.
ATTORNEY DUTIES, ACCOUNTING AND REMUNERATION (S.66)
In addition to the statutory duties imposed by s.66 ADMCA 2015, the Attorney shall: (a) prepare and deliver to each Notice Party an annual statement of receipts and payments made under this EPA, with supporting bank statements and receipts; (b) maintain proper books and records of all transactions for a period of at least six years; (c) be entitled to reimbursement of reasonable out-of-pocket expenses only, supported by receipts; (d) avoid all conflicts of interest and disclose any potential conflict promptly to the DSS and to each Notice Party.
Indemnity: I indemnify my Attorney against any personal liability incurred in good-faith exercise of authority under this EPA, save for fraud, wilful misconduct or gross negligence.
Indemnity: I indemnify my Attorney against any personal liability incurred in good-faith exercise of authority under this EPA, save for fraud, wilful misconduct or gross negligence.
16.
VARIATION AND REVOCATION (S.65)
While I retain capacity, I may at any time vary or revoke this EPA in whole or in part by written notice in the prescribed form delivered to the DSS, to each Attorney, and to each Notice Party. Once registered and notified, revocation takes effect on receipt by the DSS unless the DSS gives directions to the contrary under s.65(4) ADMCA 2015. Variation of any registered EPA also requires DSS approval and notice to all Notice Parties.
17.
GOVERNING LAW AND JURISDICTION
This Enduring Power of Attorney is governed by the laws of Ireland and shall be interpreted in accordance with the Assisted Decision-Making (Capacity) Act 2015. The courts of Ireland (Circuit Court for matters concerning property and affairs; High Court for declarations under s.55 ADMCA 2015) have exclusive jurisdiction in respect of any dispute arising from or connected with this EPA.
EXECUTION DETAILS
| EXECUTED AT | Dublin |
| ON | 15 May 2026 |
| WITNESS 1 — NAME | Áine Murphy |
| WITNESS 1 — ADDRESS | 8 Lansdowne Park, Dublin 4, D04 KP91 |
| WITNESS 2 — NAME | Ciarán Byrne |
| WITNESS 2 — ADDRESS | 3 Charleston Road, Ranelagh, Dublin 6, D06 X2H3 |
IN WITNESS WHEREOF, I, the Donor, having read and understood every clause of this Enduring Power of Attorney, hereby execute it in the presence of the two witnesses named above, who have signed in my presence and in the presence of each other, at Dublin on 15 May 2026.
DONOR
Mary O'Connor
PPSN 1234567T
Date: ____________________
ATTORNEY 1
Patrick O'Connor
Son
Date: ____________________
ATTORNEY 2
Sinéad O'Connor
Daughter
Date: ____________________
WITNESS 1
Áine Murphy
8 Lansdowne Park, Dublin 4, D04 KP91
Date: ____________________
WITNESS 2
Ciarán Byrne
3 Charleston Road, Ranelagh, Dublin 6, D06 X2H3
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney is a legal instrument by which an adult (the "Donor"), while having full decision-making capacity, appoints one or more trusted persons (the "Attorney(s)") to make decisions on their behalf in the event that they later lose capacity. The EPA created under the modern framework only takes effect once the Donor has lost capacity AND the Decision Support Service has been notified.
Since 26 April 2023, all new EPAs are governed by Part 7 of the Assisted Decision-Making (Capacity) Act 2015 (ADMCA 2015). The pre-2023 Powers of Attorney Act 1996 regime continues to apply to EPAs created before that date, but every fresh EPA must satisfy the new statutory requirements — including registration with the Decision Support Service (DSS), the involvement of a registered medical or healthcare practitioner and an independent legal practitioner, and the appointment of at least two notice parties (one of whom must be a blood relative).
An EPA is distinct from an Advance Healthcare Directive (which covers refusal of life-sustaining treatment under ADMCA Part 8) and from a General Power of Attorney (which only operates while the donor retains capacity).
What's Covered in This Template
The EPA template covers every statutory requirement of ADMCA 2015 Part 7 plus optional Expert clauses for sophisticated estates.
Donor Identification
Full name, PPSN, residential address and capacity declaration.
Attorney(s) Appointment
One or two Attorneys; joint, several, or joint+several decision structure.
Scope of Authority
Property & affairs and/or personal welfare powers, with specific exclusions.
Notice Parties (Minimum 2)
At least one blood relative; spouse rule where not appointed as Attorney.
Witnesses
Two independent witnesses meeting s.60 eligibility.
Statement of Capacity
Required statement from a registered medical or healthcare practitioner (s.60(2)).
Legal Practitioner Statement
Required statement from an independent solicitor or barrister (s.60(1)(b)).
Attorney Acceptance
Statement of acceptance and undertaking to comply with s.66 statutory duties.
Successor Attorney (Expert)
Back-up Attorney to cover incapacity, death or refusal to act.
Restrictions & Conditions (Expert)
Monetary caps, asset carve-outs and prohibited actions under s.61.
AHD Cross-Reference (Expert)
Coordination with Advance Healthcare Directive under Part 8.
Duties, Accounting & Remuneration (Expert)
Annual accounting, professional remuneration and indemnity.
How to Create an Enduring Power of Attorney
Create a valid Irish EPA in minutes, then register with the Decision Support Service.
- 1
Choose Attorney Structure
Decide whether to appoint one or two Attorneys, and how they should make decisions.
- 2
Define Scope
Decide whether the EPA covers property and affairs, personal welfare, or both, and any specific powers or restrictions.
- 3
Identify Notice Parties
Choose at least two notice parties, ensuring at least one is a blood relative and the spouse rule is observed.
- 4
Obtain Statements
Engage a registered medical practitioner for the capacity statement and an independent solicitor for the legal statement.
- 5
Execute Before Witnesses
Sign before two qualifying witnesses, who sign in your presence and in the presence of each other.
- 6
Register with DSS
Apply to the Decision Support Service within 3 months. Current statutory fee €30.
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Legal Considerations in Ireland
The EPA regime under ADMCA 2015 is comprehensive and registration-based — informal arrangements no longer work.
This template is for information only and is not legal advice. The legal practitioner statement under s.60(1)(b) ADMCA 2015 requires you to consult a solicitor or barrister independent of your Attorney before signing.
Drafted for ADMCA 2015 Part 7
Assisted Decision-Making (Capacity) Act 2015 Part 7
Part 7 ADMCA 2015 commenced on 26 April 2023 and governs the creation, registration, operation and revocation of all EPAs made on or after that date. Pre-2023 EPAs continue under the Powers of Attorney Act 1996.
Decision Support Service (DSS)
The DSS is the statutory body that registers EPAs and supervises Attorneys. Registration is mandatory and must be applied for within 3 months of execution. The current statutory registration fee is €30.
Two-Stage Activation
A registered EPA is dormant until the Donor loses decision-making capacity. The Attorney must then make a second notification to the DSS, supported by a medical statement, before they can lawfully exercise authority on the Donor's behalf.
Excluded Matters
An EPA cannot authorise voting in elections, marriage or divorce decisions, making or varying a will, sterilisation, organ donation, or refusal of life-sustaining treatment (which requires a separate Advance Healthcare Directive under Part 8 ADMCA 2015).
Notice Party Rule
At least two notice parties are required, at least one of whom must be a blood relative of the Donor. If the Donor's spouse, civil partner or qualified cohabitant is not appointed as an Attorney, they MUST be named as a notice party.
Frequently Asked Questions
Create Your Enduring Power of Attorney Now
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