Ask a solicitor: Managing a parent’s affairs when there is no enduring power of attorney

A key point to understand is that, under Irish law, there is no automatic right for a family member to step in and manage another person’s affairs, writes rural solicitor Deirdre Rafferty

Where land or a lease arrangement is involved, having proper legal authority in place is particularly important. Dealings with third parties, including tenants and financial institutions, generally require clear legal standing.

Dear Deirdre, 

My father lives alone and owns a small parcel of land which is currently leased to a neighbouring farmer. Over the past year, we have noticed a steady decline in his memory, and he is now finding it difficult to manage day-to-day matters, including his banking and correspondence relating to the lease.

There is no enduring power of attorney in place. While I am assisting informally, I am concerned I do not have any authority to deal with matters properly, particularly if decisions need to be made in relation to the land or his finances.

What options are available in a situation like this?

Dear Reader,

The circumstances you outline are increasingly common, particularly where one family member has managed affairs independently for many years and formal arrangements have not been put in place in advance.

A key point to understand is that, under Irish law, there is no automatic right for a family member to step in and manage another person’s affairs, regardless of how practical or necessary that may seem. Without an enduring power of attorney, there is no immediate legal authority to make decisions on your father’s behalf.

In situations such as this, the relevant framework is provided by the Assisted Decision-Making (Capacity) Act 2015. This legislation recognises capacity can vary and provides a range of options depending on the level of support required.

Where a person retains the ability to make decisions with assistance, arrangements such as a decision-making assistance agreement or co-decision-making agreement may be appropriate.

However, where the individual’s capacity has declined to the point that they are no longer able to make decisions, even with support, a more formal intervention may be necessary.

In those circumstances, an application can be made to the circuit court for the appointment of a decision-making representative. This is a court-appointed individual who is given authority to make specified decisions on behalf of the person concerned, particularly in relation to property and financial matters.

In your father’s case, this could include managing bank accounts, ensuring rent under the lease is properly collected, overseeing any renewals or variations of the leasing arrangement, dealing with Revenue obligations and maintaining general financial oversight.

Where required, the court may also extend the scope of the role to include decisions relating to care and living arrangements.

The process itself involves a formal court application supported by evidence relating to capacity. A doctor or another healthcare professional must assess your father’s capacity and provide a report outlining his ability to make the relevant decisions.

The court will consider this carefully and will only grant such an order where it is satisfied it is necessary and proportionate and no less restrictive alternative is available.

Notice of the application must be given to specified people, including your father and certain close family members. While this can feel formal, the process is designed to ensure his rights are protected and any intervention is appropriate and transparent.

Where land or a lease arrangement is involved, having proper legal authority in place is particularly important. Dealings with third parties, including tenants and financial institutions, generally require clear legal standing.

Informal arrangements, even where well-intentioned, are unlikely to be sufficient in these circumstances and may give rise to difficulties over time.

It is also worth noting that, in the absence of a formal arrangement, delays can arise where decisions need to be made urgently — for example, in relation to financial matters or changes to existing agreements.

Having a court-appointed structure in place allows matters to be managed in a clear and legally recognised manner.

Given the complexity of the issues involved and the importance of ensuring your father’s interests are safeguarded, it would be advisable to engage a solicitor at an early stage.

A solicitor can guide you through the available options, assist with the preparation of the necessary court application and ensure that the appropriate measures are put in place.

While this is a difficult situation, taking formal steps now can provide clarity and stability, ensuring your father’s affairs continue to be properly managed and decisions are made in accordance with his will and preferences.

Deirdre Rafferty is an experienced litigator who joined Walsh & Partners LLP in 2025. She practices in the areas of litigation and private client matters, predominantly in relation to Supreme Court, Court of Appeal, High and Circuit Court matters.

Email: [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, solicitor Alex Krupa does not accept responsibility for errors or omissions, howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.