Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Amendment No. 171 inserts a new section 51. The new section 51 sets out what is an enduring power of attorney, who may appoint an attorney, what authority can be conferred in an enduring power and how the authority must be conferred. The new section 51 reflects provisions in subsections 52(2), 52(5), 54(2) and 55(1) of the Bill as passed by Dáil Éireann. Subsection (2) provides that an enduring power must be conferred in writing in an instrument which is compliant with the other provisions of the Part and any regulations made by the Minister for that purpose. Subsection (3) provides that an attorney may, in the instrument creating the enduring power, appoint an alternate attorney should the original attorney die, be disqualified or is no longer able to carry out his or her duties as an attorney.

Subsection (4) provides that the enduring power will not come into force until the donor lacks capacity in one or more of the relevant decisions which are the subject of the power and the instrument that created the power is registered in accordance with new section 61. Subsection (5) equates to subsection 54(2) of the Bill as passed by Dáil Éireann and provides that where general authority is conferred by a donor on an attorney in respect of property and affairs, the attorney has the authority to do anything on behalf of the donor that the donor can lawfully do.Subsection (6) sets out who is suitable for appointment. The attorney must be capable of performing the functions of attorney as specified in the enduring power of attorney.