S.I. No. 287/1996 - Enduring Powers of Attorney (Personal Care Decisions) Regulations, 1996

S.I. No. 287 of 1996.

ENDURING POWERS OF ATTORNEY (PERSONAL CARE DECISIONS) REGULATIONS, 1996

I, Mervyn Taylor, Minister for Equality and Law Reform, in exercise of the powers conferred on me by section 5 (2) of the Powers of Attorney Act, 1996 (No. 12 of 1996), hereby make the following regulations:

1. These Regulations may be cited as the Enduring Powers of Attorney (Personal Care Decisions) Regulations, 1996.

2. These Regulations shall come into operation on the 7th day of October, 1996.

3. (1) The Enduring Powers of Attorney Regulations, 1996 ( S.I. No. 196 of 1996 ), are hereby amended by the deletion from Part B of the Second Schedule of the sentence "I intend that this power shall continue even if I become mentally incapable" and the substitution of the following: "I intend this power to be effective during any subsequent mental incapacity of mine.".

(2) The said Part B, as so amended, is set out for convenience in the Annex to these Regulations.

(3) The said amendment is made without prejudice to the validity of the original form contained in instruments made before the commencement of these Regulations.

ANNEX

SECOND SCHEDULE, ENDURING POWERS OF ATTORNEY REGULATIONS, 1996, NEW PART B

PART B [TO BE COMPLETED BY THE "DONOR" (THE PERSON APPOINTING THE ATTORNEY(S])]

Do not sign this form unless you understand what it means. If you are in any doubt you should obtain legal advice.

[Donor's name and address	I,______________________________
	of _____________________________
Donor's date of birth	born on _________________________
Name(s) and address(es) of attorney(s)	appoint _________________________
See note 3 in Part A of this document. If appointing only one attorney you should delete everything between the square brackets.	[and ___________________________ _______________________________
* Delete the one which does not apply (see note 3 in Part A of this document).
	[1] jointly jointly and severally]
	to act as attorney[s] for the purposes of Part II of the Powers of Attorney Act, 1996 .
	[2] with authority to take on my behalf decisions on the following matters :
* Delete if not applicable.	* where I should live * with whom I should live * whom I should see and not see * what training or rehabilitation I should get * my diet and dress * inspection of my personal papers * housing, social services and other benefits for me.
	* [____ [and______________ ] should be consulted for his/her/their views as to my wishes and feelings and as to what would be in my best interests.]
Delete this provision if, or to the extent, not required.	[[3] I appoint _____________________ of _____________________________ [and____________________________ of ______________________________
	jointly jointly and severally]
	to act as attorney(s) if an attorney appointed by this instrument disclaims or dies or is unable to act or is disqualified from acting as attorney.]
	[4] I am required to give notice of the execution of this power to at least two persons. I shall notify the following persons accordingly:
	_______________________________ of ______________________________ _______________________________
The two or more persons to be notified may not include and attorney under the power. One must be a person selected as mentioned in note 7 of Part A of this document.	_______________________________ of ______________________________ ________________________________
	_______________________________ of ______________________________ ________________________________
*Delete if not applicable.	*[[5] My attorney(s) may be paid the following remuneration: ______________
Name of payer	by ____________________.]
	I intend this power to be effective during any subsequent mental incapacity of mine.
	I have read or have had read to me the information in paragraphs 1 to 10 of Part A of this document.
Your signature Date	Signed by me _____________________on _____________________________
Someone must witness your signature Your attorney(s) cannot be your witness. If you are married it is not advisable for your husband or wife to be your witness.]	In the presence of __________________ Full name of witness ________________ Address of witness _________________ _____________________ _____________________ _____________________

[Note - Anything in this Part in square brackets is for guidance only and may be retained, deleted or omitted as appropriate.]

Given under my Official Seal this 26th day of September, 1996.

MERVYN TAYLOR

Minister for Equality and Law Reform.

EXPLANATORY NOTE

These Regulations bring Part B of the prescribed form of an enduring power of attorney which relates to personal care decisions into exact conformity with the corresponding form in the First Schedule to the Enduring Powers of Attorney Regulations, 1996.