Farmers Should Consider Appointing an Enduring Power of Attorney before Legislative Changes

IFA Farm Family & Social Affairs Chair Alice Doyle has advised farmers to talk with their solicitor about making an Enduring Power of Attorney before the new Assisted Decision Making (Capacity) Act 2015 begins in early 2023.

“An Enduring Power of Attorney allows you to legally appoint someone to look after your affairs if you no longer have the capacity to do so yourself. An Enduring Power of Attorney can act on your behalf and give you peace of mind about the future of your business and legal affairs,” Alice Doyle said.

The Assisted Decision-Making (Capacity) Act 2015 will establish a new statutory framework to support decision-making by adults who have difficulty in making decisions without help.

The Act proposes three types of decision-making support options to respond to the range of support needs that people may have in relation to decision-making capacity. With each of the three decision-making support options decisions can be made on personal welfare, property and finance or a combination of both.

“Under the new Act an Enduring Power of Attorney can only be registered if the individual has lost all decision-making capacity. Famers should speak to their solicitor as soon as possible to discuss the options and plan for their future decision making,” Alice Doyle said.