📝 Powers of Attorney: What You Need to Know
Do I need one?
Who can I trust?
Will they be able to manage my affairs?
These are some of the most common — and important — questions we hear from people who are concerned about aging parents or loved ones.
When it comes to Powers of Attorney, it’s essential to understand the two key situations that require different legal steps:
✅ 1. If Your Parent Still Has Mental Capacity
If your loved one is still mentally sound and understands what they’re doing, they can appoint someone as an Enduring Power of Attorney (EPA).
This is a proactive step that allows a trusted person to step in later if needed — and it can be done online.
⚠️ 2. If Capacity Has Already Been Lost
This is the more urgent and complex scenario — and the one we’re focusing on here.
If your parent, partner, or spouse can no longer make decisions for themselves, then a Decision-Making Representative (DMR) must be legally appointed through the court system.
💡 Why Might a DMR Be Needed?
Without a DMR in place, you can’t access your loved one’s finances or property — even if you’re family. Banks and institutions require legal authority in the form of a Court Order.
Typical situations where this arises:
- A sole bank account needs to be closed or made joint.
- A property in their name must be sold or managed to cover care costs.
📋 The Legal Process: Step-by-Step
1. Apply to the Circuit Court
You’ll need to show why a DMR is necessary — for example, to deal with bank accounts or property issues.
2. Get Court Consent
If the court agrees, you’ll then provide:
- A medical report confirming lack of capacity
- A summary of their financial situation
- A nomination of who should act as the DMR
This is submitted in a sworn affidavit.
Note: More than one person can act as a DMR — for example, a spouse and an adult child may share responsibilities.
3. Final Court Approval
After submitting all required documentation (e.g. bank statements, medical report, title deeds), the court reviews everything and formally appoints the DMR(s).
🧾 The Role of a Decision-Making Representative (DMR)
A DMR is responsible for managing the person’s affairs — but it’s not just about signing forms.
DMR duties include:
- Managing finances and property
- Keeping clear records of all transactions
- Providing regular reports to the Decision Support Service (DSS) in Dublin
You should only accept this role if you’re comfortable handling these responsibilities.
⚠️ Courts can and do refuse to appoint individuals who lack the skills or reliability to manage someone’s affairs.
If no family member is suitable, the DSS can assign an external DMR — although this can be more complicated if family cooperation is limited.
🏁 Once Appointed
With a Court Order in hand, the appointed DMR can:
- Access bank accounts
- Pay bills and arrange services
- Manage or sell property as needed
(Using the DMR Order as part of the title documentation)
📬 Still Have Questions?
If you’d like more information or help with any part of this process, please don’t hesitate to email us. We’ll do our best to respond promptly and guide you through the next steps.