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Powers of attorney

If a person of sound mind is entitled to a grant of representation in a deceased’s person’s estate and:

  1. he/she is residing outside the jurisdiction or,
  2. is about to leave the jurisdiction or,
  3. is suffering from a severe, continuing physical disability.

a grant may be granted to his/her attorney acting under a power of attorney (Order 79, Rule 23 of Superior Court Rules S.I. No. 15 of 1986).

This power of attorney is a document which the person giving/delegating the power (known as the donor) executes in which he names another person (known as the donee of the power) to carry out the necessary functions attaching to the office in question.

The form of power used is specific to the administration of the estate in question. Precedents of such powers are set out in Probate Practice in a Nutshell by Eamonn G. Mongey. A form of a general nature is not acceptable as all general powers are now governed by the Powers of Attorney Act 1996 which precludes donors of such powers delegating trustee/legal personal representative powers.

Enduring powers of attorney

A donee of an enduring power of attorney is not entitled to extract a grant of representation on behalf of a donor of such power.

Section 16 of the Powers of Attorney Act 1996 indicates that the donor of such powers cannot delegate functions which they may have:

  1. as a trustee
  2. as a personal representative or
  3. as a tenant for life within the meaning of the Settled Land Act 1882.
Content reviewed: May 2017