Enduring Power of Attorney vs Power of Attorney — Which Do You Need?

Two different documents. Two very different purposes. This guide clarifies the difference between an ordinary Power of Attorney and an Enduring Power of Attorney in Ireland.

Ordinary Power of Attorney (POA)

An ordinary POA is a legal document authorising someone to act on your behalf for specific purposes — typically used when you are physically unable to be present (e.g. completing a property sale while abroad, managing banking while hospitalised).

Key limitation: An ordinary POA becomes automatically invalid if you lose mental capacity. It is designed for temporary or specific use only.

Enduring Power of Attorney (EPA)

An EPA is specifically designed to remain valid — and to activate — when you lose mental capacity. It is a long-term planning document, not a short-term convenience.

Which Do You Need?

For property transaction abroad / managing your affairs temporarily: Ordinary POA, notarised by Hugh Phelan Solicitor.
For long-term planning against dementia, illness or accident: Enduring Power of Attorney.
For complete coverage: Both — an EPA for incapacity planning, combined with making your will.

Frequently Asked Questions

What is the difference between an EPA and a POA in Ireland?

An ordinary POA is for specific tasks and becomes invalid if you lose mental capacity. An Enduring POA specifically covers incapacity — it activates when you can no longer make decisions for yourself.

Which is better — POA or EPA in Ireland?

They serve different purposes. For long-term planning against dementia or serious illness, an EPA is essential. For specific property transactions or short-term needs, an ordinary POA suffices.

Do I need a solicitor for an EPA in Ireland?

Yes. The law requires an EPA to be certified by a solicitor before registration with the Decision Support Service. Hugh Phelan Solicitor in Douglas, Cork provides EPA services. Call 021-489-7134.