An enduring power of attorney in Ireland lets you appoint someone you trust to make decisions on your behalf if you lose the capacity to make them yourself. It is one of the most important documents an Irish family can put in place – and one of the most misunderstood.
This guide explains how an enduring power of attorney in Ireland works after the 2023 reform, how to make an enduring power of attorney, and what to do when the document has to be used outside Ireland.
What is an enduring power of attorney in Ireland?
An enduring power of attorney (EPA) is a legal document in which you, the donor, appoint one or more attorneys to act for you if you later lose decision-making capacity. Unlike an ordinary power of attorney, it is designed to survive that loss – that is what enduring means.
Under the Assisted Decision-Making (Capacity) Act 2015, an Irish EPA can cover property and affairs as well as personal welfare decisions – where you live, and day-to-day care.
An EPA only functions while you cannot decide for yourself. Until then, you remain in full control of your own affairs.
The 2023 change: the Decision Support Service
The Assisted Decision-Making (Capacity) Act 2015 came into force on 26 April 2023 and replaced the old wards of court system. EPAs are now handled by the Decision Support Service (DSS). Citizens Information keeps a plain-language overview of the rules.
An EPA made under the new system is registered with the DSS, and it only comes into effect if you later lose capacity, following a notification process by your attorney.
EPAs made under the older Powers of Attorney Act 1996 remain valid. They follow their own activation rules, so if you hold one, do not assume the new procedure applies to it.
How to make an enduring power of attorney in Ireland
- Decide while you can. An EPA can only be made while you have capacity to understand what you are signing. Left too late, the only remaining route is a court process.
- Choose your attorneys. One or more people you trust – and decide whether they act jointly or separately.
- Use the DSS process. The Decision Support Service sets the form and the steps, including notifying certain people close to you.
- Take advice on the drafting. An EPA that is too narrow or too broad causes real problems years later, when it can no longer be changed.
If the conversation is about an ageing parent, our guide on getting a power of attorney for an elderly parent covers the practical side.
Using an Irish enduring power of attorney abroad
An Irish EPA carries no automatic weight outside Ireland. A Spanish bank, an Australian pension provider or a US share registrar cannot verify an unfamiliar Irish document on its own.
The solution is a two-step chain. A notary certifies the document – commonly as a certified true copy of the registered original – and an apostille then certifies the notary. Ireland is a party to the Hague Apostille Convention, so the apostilled document is recognised in every other member country.
This is exactly what NotaryPublic24 does, entirely online: upload the document, verify your identity, and receive the notarized and apostilled EPA within 24 hours. See our power of attorney apostille service, or the enduring power of attorney page for how the document works across jurisdictions.
Using a foreign enduring power of attorney in Ireland
The same logic applies in reverse. A durable power of attorney from the US, or an EPA from Australia or New Zealand, normally needs notarization and an apostille from its home country before an Irish institution will act on it.
Ask the receiving bank or body in Ireland what they require before you start – requirements differ between institutions.
Frequently Asked Questions
What is the difference between an enduring power of attorney and a lasting power of attorney?
They are the same idea in different systems. Ireland uses the enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015. England and Wales replaced EPAs with lasting powers of attorney on 1 October 2007 under the Mental Capacity Act 2005 – no new EPA can be made there, though pre-2007 ones remain valid.
When does an Irish enduring power of attorney take effect?
Only if the donor loses capacity. Until then the donor manages their own affairs as usual. The attorney must go through a notification process with the Decision Support Service before acting.
Can I still use an enduring power of attorney made before 2023?
Yes. EPAs made under the Powers of Attorney Act 1996 remain valid and follow the rules that applied when they were made. New EPAs are made under the 2015 Act through the Decision Support Service.
Can I use my Irish enduring power of attorney abroad?
Yes, but it needs authentication first. Have the document notarized and apostilled – Ireland is a party to the Hague Apostille Convention, so the apostille makes it recognisable in every other member country. NotaryPublic24 handles both steps online within 24 hours.
Does an enduring power of attorney need to be notarized in Ireland?
Not for use within Ireland – the statutory witnessing and the Decision Support Service process are what give it force. Notarization becomes necessary when the document has to be accepted abroad, and it is then normally paired with an apostille.