Practice Direction
Enduring Powers of Attorney

I, Mary Irvine, President of the High Court, hereby issue the following practice direction in accordance with s.11 (12) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. This practice direction, which concerns the content of medical affidavits / medical reports in relation to Enduring Powers of Attorney, will come into force on  16th  November 2020. 

Any certificate, or medical report relied upon as a certificate, for the purposes of S.9 (4) the Powers of Attorney Act 1996, shall henceforth include the following information:

(1)        The date, place, duration and circumstances in which the medical examination was carried out. 

(2)        The nature and duration of any prior relationship between the medical practitioner and the respondent.

(3)       The nature of the examination carried out and details of the test and/or capacity tools deployed for the purpose of concluding whether the donor is or is becoming incapable of managing his or her affairs.

(4)        Whether in the opinion of the registered medical practitioner, the donor is or is becoming incapable of managing his or her  affairs.

(5)        Where the medical practitioner is of the opinion that the donor is or is becoming incapable of managing his or her affairs he/she should state:

            (i)         the nature of the respondent’s illness/condition;

            (ii)        the likely date of onset of that illness/condition;

            (iii)       the symptoms pertaining to that illness/condition;

            (iv)       the evidence relied upon in making their diagnosis; and

            (v)        whether the illness/condition is permanent or likely to improve.
 

                  This Practice Direction will remain in force until further notice.

__________

Mary Irvine
President of the High Court
Date:  23  October, 2020