Enduring Power of Attorney

slane4

Registered User
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18
Is an Enduring Power of Attorney set up in Ireland also valid in NI? and vice versa?
 
That's definitely one to get quality legal advice on. AFAIK, we cogged the UK legislation (as we often do!) but that doesn't mean the power is mutually recognized across the border.

A power of attorney is only activated on application to the High Court. High Court orders are generally recognized abroad but I wouldn't depend on it for something so critical. Take advice.
 
In Ireland, just drafting an EPA in advance, let alone if it has to be activated (the High Court bit), requires the involvement of a solicitor as well as a doctor -> expensive and complex. In the UK, the LPA (l=lasting) process is more automated/cheaper - a big form you fill in plus the evidence of notifications, then send to the Office of the Public Guardian, who check everything in minute detail, then issue it. It is important that those checks are made - elder abuse, particularly financial, is "a thing". The UK process is time-consuming but widely available.

I recently had to rescue my elderly, frail Dad from COVID-19 social-care collapse in London, so now we're looking after him in Ireland. My Irish solicitor advised he didn't think we would need to repeat the LPA process here. I haven't been asked to show the LPA documentation to anyone here yet, but I provided copies to the GP so they would feel happy discussing his situation with me. I agree with Baby boomer though, take advice...
 
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