The Power of Attorney Affidavit is a crucial legal document in Irish jurisdiction that provides formal verification and authentication of a power of attorney arrangement. This document is typically required when an individual (the donor) needs to establish a legally binding arrangement authorizing another person (the attorney) to act on their behalf. The affidavit must comply with the Powers of Attorney Act 1996 and other relevant Irish legislation, and it includes sworn statements about the donor's mental capacity, the voluntary nature of the arrangement, and the scope of powers being granted. It's particularly important in situations involving property transactions, financial management, or when creating enduring powers of attorney that will continue to be effective if the donor loses mental capacity.
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1. Title and Declaration: Formal opening stating this is an affidavit, including the deponent's (donor's) full name, address, and occupation
2. Identification and Capacity: Clear statement of the donor's identity, age, and confirmation of sound mind and full mental capacity
3. Attorney Appointment: Details of the appointed attorney(s), including full name(s), address(es), and relationship to the donor
4. Scope of Powers: Detailed description of the powers being granted to the attorney(s), including any limitations or conditions
5. Duration and Effect: Statement of when the power of attorney takes effect and its duration
6. Execution and Attestation: Formal signing section, including witness details and notary/commissioner for oaths certification
1. Multiple Attorneys Provisions: Required when appointing more than one attorney, specifying whether they act jointly or severally
2. Revocation Clause: Optional section revoking any previous powers of attorney
3. Healthcare Decisions: Required when the power of attorney includes authority for medical and healthcare decisions
4. Substitute Attorney Appointment: Optional section naming substitute attorneys in case the primary attorney(s) cannot act
5. Foreign Property Provisions: Required when the donor owns property in other jurisdictions
1. Schedule A - Property Schedule: Detailed list of specific properties or assets covered by the power of attorney
2. Schedule B - Medical Certificate: Certificate from a registered medical practitioner confirming the donor's mental capacity (required for enduring powers of attorney)
3. Schedule C - Notice Parties: List of persons who must be notified of the creation of the power of attorney
4. Appendix 1 - Statutory Declaration: Statutory declaration by the attorney accepting the appointment and understanding their responsibilities
5. Appendix 2 - Solicitor's Certificate: Certificate from a solicitor confirming proper execution and understanding of the document by all parties
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