Step-by-Step: Setting Up an Enduring Power of Attorney Before Moving Abroad

If you are moving abroad — whether permanently or for an extended period — setting up an Enduring Power of Attorney (EPA) before you leave is one of the most important legal steps you can take. An EPA ensures that if you later lose mental capacity, someone you trust can manage your financial and personal affairs in Ireland on your behalf.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that appoints one or more people (your attorneys) to make decisions on your behalf if you lose mental capacity. Unlike a general power of attorney, which ceases to be effective when the donor loses capacity, an EPA endures — it continues to operate even after you become incapacitated.

In Ireland, EPAs are governed by the Assisted Decision-Making (Capacity) Act 2015, which replaced the Powers of Attorney Act 1996 for new EPAs. The 2015 Act introduced the Decision Support Service (DSS), which now oversees EPAs.

Why Set Up an EPA Before Moving Abroad?

• If you own property in Ireland, someone needs authority to manage it
• If you have Irish bank accounts or investments, someone may need to access them
• If you become incapacitated while abroad, managing Irish affairs remotely without an EPA is extremely difficult
• Creating an EPA after losing capacity is impossible — it must be done while you have full capacity
• The process requires in-person attendance in Ireland, which is harder to arrange from abroad

Step 1: Understand the Legal Requirements

Key legal requirements:

• You must have mental capacity when creating the EPA
• The EPA must be in the prescribed form
• You must have a solicitor certify that you understand the effect of creating the EPA
• A medical practitioner must provide a capacity assessment
• Notice must be given to certain people
• The EPA must be registered with the Decision Support Service before it can be used

Step 2: Choose Your Attorney(s)

Your attorney should be someone you trust completely, who is based in Ireland (or at least accessible), and who is willing and able to take on the responsibility. You can appoint more than one attorney and specify whether they act jointly (together) or jointly and severally (independently).

Step 3: Consult Hugh Phelan

As a Solicitor and Notary Public at East Douglas Street, Douglas, Cork, Hugh Phelan can advise on the EPA structure, draft the EPA document, and handle the legal certification required. He holds a BCL from UCC and a Diploma in Notarial Law, and is appointed by the Chief Justice of Ireland.

Step 4: Medical Assessment

A medical practitioner must confirm that you have the mental capacity to understand the nature and effect of the EPA at the time of execution.

Step 5: Execute the EPA

At the appointment:

1. Hugh Phelan explains the effects of the EPA to you (legal requirement)
2. He certifies that you understand what you are doing
3. You sign the EPA in the presence of a witness
4. The required notices are sent to the specified people

Step 6: Registration

Under the 2015 Act, an EPA must be registered with the Decision Support Service before it can come into effect. Registration can be done at the time of creation or later. Your solicitor will advise on the registration process.

Timeline

• Week 1: Initial consultation and EPA drafting
• Week 1–2: Medical assessment
• Week 2–3: Execution and notice period
• Week 3+: Registration with DSS

Start at least 4–6 weeks before your planned departure.

Frequently Asked Questions