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Farmers should heed Enduring Power of Attorney
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Ifac, Ireland’s farming, food, and agribusiness specialist professional services rm, is advising Kilkenny farmers that putting an Enduring Power of Attorney (EPA) in place is just as important as making a Will.
On the April 26, the Assisted Decision Making (Capacity) (Amendment) Act 2022 will come into e ect.
e Act will see the abolition of wardship, the operationalisation of the Decision Support Service (DSS), and the introduction of a new system of tiered decision-making supports.
e legislation sets out how vulnerable adults will be supported in making decisions about their a airs by recognising that di erent levels of assistance can be required when making decisions.
One of the guiding principles of the Act is the presumption of capacity. Every adult is presumed to have capacity unless the contrary is shown under the Act. is ensures that every case is treated individually and that certain cohorts of people are not automatically deemed to lack capacity.
One area that will be signicantly reformed by the Act is how Enduring Powers of Attorney are executed and the legal basis for Advance Healthcare Directives (AHD).
An Enduring Power of Attor- ney allows a person to appoint someone that he/she trusts to act as an attorney. e attorney’s role is to act on the behalf of the person and to make certain decisions if the person should lose capacity in the future.
An Advance Healthcare Directive (AHD) can also be executed, which sets out the instructions of the person about their healthcare treatments in the future.
Lorraine Donoghue, Head of HR & Legal at ifac said:
“Having an Enduring Power of Attorney (EPA) in place is just as important as making a Will. It will provide peace of mind for the future of your farm business.
“ e rst step is getting the right advice. To enquire about an EPA, you should contact your solicitor,” she said.
To speak to a succession planning specialist, contact your local ifac o ce or visit www. ifac.ie.
Ifac has been at the heart of agriculture and food since 1975, providing a quality service and expert advice to its farming, food, and agri-business clients across the country. A Top 10 accountancy rm, ifac has over 30 locations nationwide and 500 people serving 22,000 clients.
To speak to a succession planning specialist, contact your local ifac o ce or visit www. ifac.ie.