Áine Flynn

Yeah, Enduring Powers of Attorney have been around for quite a while, since an Act of 1996.

And with the Assisted Decision-Making Capacity Act, which has now been operational for three years, they operate on a different format.

To explain some of the basics, when you make an EPA, you're an adult with capacity, not necessarily an older adult.

In fact, we're keen to address the fact that perhaps people should be doing these when they're, I don't know, 55, not 95.

If you don't have one and you're 95, do make one.

So you're called the donor and you are granting an authority to a person, a trusted person in your life called the attorney.

So that word attorney does not mean lawyer.

Anytime I say attorney, don't think of lawyer.

Think of that person close to whom you're naming to take on this role only in the event that you lose capacity at a later point.

so that they are then authorised by you to take decisions about your property and affairs and your personal welfare in that legally managed way.

So that would only be at the second stage.

So at the first stage, it is all about you being in control.

And that's important.

This is all based on rights based legislation.

So it's about you ensuring that even if your capacity shifts and diminishes, your choice, your wishes will continue to be respected.

So when you're well and have full capacity to do so, you're naming that person or persons.

Actually, it's quite good to have replacement attorneys as well.

then it's only in the event that you subsequently lose capacity and that is verified and it's brought to us.

We have oversight and management of both the registration and supervision of EPAs in the decision support service.

When we get that second stage confirmation that you have lost capacity, it's only in that event that the attorney then commences as your decision maker.