If you appoint another person to represent you in certain dealings with third parties, you are making an agency arrangement. You are called the principal and the person you appoint is called the agent or appointed representative. The most usual example is where a pensioner nominates someone to collect social welfare pension payments or other allowances from the post office.
Another example of an agency arrangement is where you appoint a friend or family member as an agent to manage your financial affairs or pay bills while you are abroad for a period. You may appoint a professional to do these things and pay for the service – this is not an agency arrangement but is a contract for services.
If you are suffering from physical incapacity, your bank may allow you to carry out a third- party mandate. This authorises your agent to perform certain functions, for example, to write cheques on your behalf.
You may only make an agency arrangement while you are mentally competent and the arrangement usually only lasts while you remain mentally competent. The arrangement does not have to be in writing unless the agent is required to sell property on your behalf. It is nevertheless advisable to put the arrangement in writing so that both you and the agent are clear about what is intended and what powers the agent has.
Another example of an agency arrangement is where you appoint a friend or family member as an agent to manage your financial affairs or pay bills while you are abroad for a period. You may appoint a professional to do these things and pay for the service – this is not an agency arrangement but is a contract for services.
If you are suffering from physical incapacity, your bank may allow you to carry out a third- party mandate. This authorises your agent to perform certain functions, for example, to write cheques on your behalf.
You may only make an agency arrangement while you are mentally competent and the arrangement usually only lasts while you remain mentally competent. The arrangement does not have to be in writing unless the agent is required to sell property on your behalf. It is nevertheless advisable to put the arrangement in writing so that both you and the agent are clear about what is intended and what powers the agent has.
Agency arrangements for social welfare payments
The Department of Social Protection has the power under social welfare legislation to make payments to a third party acting on behalf of a social welfare recipient. The legal status of a social welfare agency relationship is different from the general agency relationship in that the social welfare agency may be put in place or may continue in operation if you become mentally incapable.
If an agent is appointed to collect the money, it is still your money and there is a legal duty on the agent to use it on your behalf and for your benefit. The Department of Social Protection may end the agency arrangement at any time where it has reason to believe that the arrangement is not working satisfactorily.
If you are unable to collect your payment at a post office for a short period of time, usually no longer than 3 weeks, a temporary agent can be appointed by completing a Temporary Agent Form which is available at the post office. When collecting your payment the agent presents this form along with your social services card.
If you are unable to collect your payment at a post office, due to an illness or loss of mobility for example, you can nominate a person to do this on your behalf. Arrangements are made with the post office to facilitate the agent collecting the payment and you are notified of this.
If an agent is appointed to collect the money, it is still your money and there is a legal duty on the agent to use it on your behalf and for your benefit. The Department of Social Protection may end the agency arrangement at any time where it has reason to believe that the arrangement is not working satisfactorily.
If you are unable to collect your payment at a post office for a short period of time, usually no longer than 3 weeks, a temporary agent can be appointed by completing a Temporary Agent Form which is available at the post office. When collecting your payment the agent presents this form along with your social services card.
If you are unable to collect your payment at a post office, due to an illness or loss of mobility for example, you can nominate a person to do this on your behalf. Arrangements are made with the post office to facilitate the agent collecting the payment and you are notified of this.