Make an enduring power of attorney while you're well: once capacity is lost, you can no longer make one. Safeguarding guides also recommend it as a protection against financial abuse.
Quick facts
- Plan ahead: money and welfare
- Enduring power of attorney
- Plan ahead: treatment
- Advance healthcare directive
- Help understanding
- Decision-making assistant
- Decide together
- Co-decision-maker
- Can't decide
- Circuit Court representative
- Register with
- Decision Support Service
Planning ahead
An enduring power of attorney appoints someone you trust to act for you if you lose capacity. "An enduring power of attorney cannot cover healthcare matters, as these must be dealt with in an advance healthcare directive." "You or your attorney, on your behalf, must register the agreement with the Decision Support Service ."
An advance healthcare directive sets out treatment you do or don't want, and can name a designated healthcare representative. "You must have capacity to make an AHD."
If you need support now
- Decision-making assistance agreement: "In this agreement, you choose somebody you know and trust to be your decision-making assistant." They help you understand; you decide.
- Co-decision-making agreement: you decide jointly. "You will need a doctor and another healthcare professional to check your capacity and confirm that you are able to enter into this agreement."
- Decision-making representation order: "If you can't make certain decisions on your own or with somebody else's support, the Circuit Court may appoint a decision-making representative to make certain decisions for you."
"You must be aged 18 or over to make a decision support arrangement."
Where to get help
The Decision Support Service, 01 211 9750, has forms, guides and videos. Family Carers Ireland and Community Law and Mediation publish plain guides for carers.
Common questions
What is an enduring power of attorney in Ireland?
A legal arrangement appointing someone you trust to make certain decisions for you if you lose capacity. It must be registered with the Decision Support Service and can't cover healthcare.
What is an advance healthcare directive?
A written statement of the medical treatment you want or don't want if you can no longer decide. You must have capacity when you make it.
What if someone can't make decisions and has no power of attorney?
The Circuit Court may appoint a decision-making representative through a decision-making representation order.
Who runs decision support arrangements in Ireland?
The Decision Support Service, which keeps a register of co-decision-making agreements, representation orders and enduring powers of attorney.