What other important details can I include

Do I want to include gifts or donations in my enduring power of attorney?

If you want to give your attorney authority to be able to gift any of your property to others, you must specify this in your enduring power of attorney, even if you are giving your attorney general authority in relation to your property and affairs. If you do specify that your attorney can make gifts on your behalf, they can only do so on customary occasions and only as far as you would be expected to, for example, to your family members for birthdays, anniversaries or Christmas.

If you want your attorney to be able to make gifts to any charity that you have, or may be expected to, give donations to, you will need to specify this in your enduring power of attorney.

Remember that any gifts you include will be made from your property and assets so you will need to think about what might happen if your enduring power of attorney is activated for a long period of time.

Top tip: Gifting is not included under a general authority so if you would like your attorney(s) to be able to give gifts to people on your behalf you must include this in your EPA.

Mary wants to make sure that her attorneys can still give gifts to her daughters Anne and Sarah on their birthdays and at Christmas, so she knows she will need to write this in her enduring power of attorney. Mary would usually spend between 50 - 80 euro on gifts for her daughters so she will include this in her enduring power of attorney.

Write your thoughts about any gifts or donations that you want your attorney to be able to make on your behalf.

Do I want to include any conditions in my enduring power of attorney?

You can include any conditions, exclusions or exceptions to the decisions in your enduring power of attorney. You can do this even if you are giving your attorney general authority.

This could include, for example, that your attorney can only arrange for you to go into a care home if it is no longer possible for you to remain in your home, that your attorney has authority to sell any of your property if needed, excluding your primary residence, or that your attorney has general authority in relation to your personal welfare decisions, with the exception of decisions about your social activities.

You will need to provide clear information about what the attorney can and cannot do, including any restrictions or limits relating to the decision, or any specific instructions you have.

Remember, the enduring power of attorney may not be activated for many years so it is important that your attorney can clearly understand any conditions, exclusions or exceptions you have included if they need to make certain decisions on your behalf.

Mary would like to live in her own home as long as she can. Mary has decided to add this as a condition to her enduring power of attorney. She knows it may not be possible to remain living at home so she has decided to state that she wishes to remain living at home if it is practical to do so.

If you want to include any conditions, exclusions or exceptions in your enduring power of attorney, write down your thoughts.

Do I want to pay my attorney for performing their role?

You can decide whether to pay your attorney for performing their role. This is called remuneration.

Remuneration is different to expenses or costs. Your attorney will be entitled to claim fair and reasonable expenses and be reimbursed for any payments they make on your behalf from your assets, so you do not need to specify that they are entitled to this in your enduring power of attorney. However, if you wish for your attorney to be paid (remunerated) in return for performing some or all their functions as attorney, you will need to specify the following:

• how much you want to pay them
• what parts of their role they will be paid for
• how often are they to be paid, for example, if you want to pay them an hourly rate, for decisions taken, or pay them annually
• if there is a limit to how much you wish to pay them for the duration of your enduring power of attorney.

When deciding whether to remunerate your attorney, it is important to remember that they may have to perform their role for a number of years and that all remuneration will be paid from your assets.

Most people making an enduring power of attorney choose not to include remuneration.

What information do I need to give my attorney?

Your attorney will need as much relevant information as possible from you so that they can make informed decisions when they are required to do so. You may wish to keep some personal notes for yourself and your attorney which contains this additional information.

Think about the information you may want to give and keep updated for your attorney. Depending on the types of decisions they will be making for you, this may include:

• your wishes about the decisions included in your enduring power of attorney
• where you keep important documents, like your will, birth certificate, passport, insurance papers, deeds to property, advance healthcare directive
• details of your doctor, dentist, solicitor, accountant and any other professionals you use
• details of relevant medications, treatments and therapies you receive social supports or health and social care services you use
• any people or professionals you would like them to contact if they need some input on a particular decision
• details of your bank and bank accounts and any investments you have details of any mortgages, loans or debts you have
• details of regular payments you make to provide for the needs of other people
• regular gifts or donations you make to charity.