Powers of Attorney Act, 1996


Enduring Powers of Attorney


4.—(1) In this Part—

“affairs”, in relation to a donor of an enduring power, means business or financial affairs of the donor;

“attorney” means the donee of an enduring power and includes a person acting in pursuance of section 5 (3) and complying with the provisions of this Act and regulations made thereunder;

“the court” means the High Court;

“enduring power” shall be construed in accordance with section 5 (1);

“mental incapacity”, in relation to an individual, means incapacity by reason of a mental condition to manage and administer his or her own property and affairs and cognate expressions shall be construed accordingly;

“the Minister” means the Minister for Equality and Law Reform;

“notice” means notice in writing;

“personal care decision”, in relation to a donor of an enduring power, means a decision on any one or more of the following matters:

(a) where the donor should live,

(b) with whom the donor should live,

(c) whom the donor should see and not see,

(d) what training or rehabilitation the donor should get,

(e) the donor's diet and dress,

(f) inspection of the donor's personal papers,

(g) housing, social welfare and other benefits for the donor;

“registration”, in relation to an enduring power of attorney, means registration under section 10 , and “registered” shall be construed accordingly.

(2) An application or reference to the court under this Part shall be made in a summary manner.

(3) If any question arises under this Part as to what the donor of the enduring power might at any time be expected to do it shall be assumed that the donor had the mental capacity to do so.