Assisted Decision-Making (Capacity) Act 2015
Enduring power of attorney — general
59. (1) Subject to the provisions of this section and F80[sections 58A, 60] and 63, a person who has attained the age of 18 years (in this Act referred to as “donor”) may appoint another person who has also attained that age (in this Act referred to as “attorney”) on whom he or she confers either or both of the following:
(a) general authority to act on the donor’s behalf in relation to all or a specified part of the F80[donor’s personal welfare or property and affairs, or both;]
(b) authority to do specified things on the donor’s behalf in relation to the donor’s personal welfare or property and affairs, or both;
which may, in either case, be conferred subject to conditions and restrictions.
(2) The authority referred to in subsection (1) shall be known as an enduring power of attorney and shall be conferred in writing in an instrument which is in compliance with F80[this Part, regulations made under section 79 and specifications made by the Director under section 79A].
(3) A donor may, in an enduring power of attorney, appoint a person who shall act as attorney for the donor in respect of the relevant decisions specified therein in the event that an attorney on whom authority is conferred dies or is unable to act or is disqualified from F80[acting as attorney, or resigns from his or her role as attorney].
F80[(4) An enduring power of attorney shall not enter into force until—
(a) the instrument creating the enduring power of attorney has been registered under section 69,
(b) the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power,
(c) the Director has been notified under section 71A of the matters in paragraph (b), and
(d) the Director accepts the notification under section 71C.]
(5) Where an enduring power of attorney is expressed to confer general authority in respect of all or a specified part of the donor’s property and affairs, it operates to confer, subject to any restrictions provided in the power or in this Part, authority to do on behalf of the donor anything which the donor can lawfully do by attorney.
F81[(5A) Where an enduring power of attorney confers authority under paragraph (a) or (b) of subsection (1) in relation to the personal welfare of the donor, this shall not authorise the attorney to consent to or refuse treatment for the donor.
(5B) A donor shall not, in an enduring power of attorney, purport to give a power to the attorney to consent to or refuse treatment for the donor and any provision of a power of attorney relating to such purported power shall be null and void.]
(6) A person is suitable for appointment as an attorney if he or she is able to perform the functions of attorney as specified in the enduring power of attorney.
Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 51(a)(i), (ii), (b), (c), (d), S.I. No. 194 of 2023.
Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 51(e), S.I. No. 194 of 2023.