Next steps as an attorney

What do I do next as an attorney?

Talk to the donor

If an enduring power of attorney is notified (activated), you, as the attorney, must make decisions in line with the donor’s will and preference and what is included in the enduring power of attorney. This means you must use what you know about the donor to consider what their wishes would have been if they were making the decision themselves.

Ensure you know and understand:

• what decisions they want you to be able to make on their behalf their wishes regarding the decisions included
• their beliefs and values about things that matter to them
• if more than one attorney is being appointed in the enduring power of attorney, how the donor wants you to act together
• if there are any specific people they would like you to consult with on decisions to be made
• how they would like you to manage any disagreements or conflicts that might arise
• what information you need to be able to access to make decisions on their behalf.

You should also ensure you openly and honestly discuss any concerns or questions you have about the role.

Read the relevant information and guidance

Ensure that you have read and understand:

• this Enduring Power of Attorney Information Pack
• the Code of Practice for Attorneys
• the Code of Practice for Supporting Decision-Making and Assessing Capacity
• the information about enduring powers of attorney and reporting requirements for attorneys, which can be found on our website at www.decisionsupportservice.ie

You may wish to also read the codes of practice for other types of decision supporters and for certain professionals to help you better understand their role when you are interacting with them on behalf of the donor.

Decide if you are right for the role of attorney and the role is right for you.

It is important to take time to consider whether you think you will be able to perform the role of attorney and are comfortable with the demands that it might entail. Before you accept the role of attorney, you should ask yourself the following questions:

• Do I have a clear understanding of what an enduring power of attorney is?
• Do I have a clear understanding of my role as attorney? Do I have the skills required for the role?
• Do I have adequate time to perform the role?
• Can I meet all the requirements of the role if I am living abroad or do not live close to the donor, or if I move away?
• Can I carry out my functions in the long term?
• If there is more than one attorney being appointed, can I work with the other attorney(s) in the way the donor wishes?
• Do I understand, and will I be able to fulfil the reporting requirements? Can I keep accurate records and maintain proper financial accounts? Do I understand the rules I must follow when acting as an attorney?
• Do I have any concerns about the role?

Set up your verified MyDSS

If you agree to act as an attorney or a replacement attorney, you will need to set up your own verified MyDSS account. MyDSS is our online portal, and a verified account means that you have confirmed your identity with us for that account, using either MyGovID or using our identity verification form. When you have a verified account, you will be able to view any applications that you are linked to through the online portal.

You will also need a verified MyDSS account to:

• access a copy of the enduring power of attorney when it is registered or notified
• notify us if, and when, the donor loses capacity
• complete your reporting requirements if the enduring power of attorney is notified (is activated).