WILLS / ENDURING POWERS OF ATTORNEY / WARDS OF COURT
We provide high quality legal advice in each of these areas:
The advantage of making a Will is that it allows a client to provide for the devolution of his/her property by means of a clear legal document. Making a Will allows a person to provide for the special needs of family members to include the appointment of trustees and/or guardians of minor children. It also acts as an opportunity to ensure the absolute minimum tax is paid in the distribution of an estate.
Please click here for our Will Instruction Form which you can fill out prior to your first consultation. You can forward this to us by post or email so that time and costs are minimised. Once we receive your ‘Will Instruction Form’, we will contact you to arrange a consultation
If someone becomes mentally incapacitated due to accident, advancing age, disability or a progressive degenerative illness etc., no one can deal with their assets and property without an Enduring Power of Attorney or unless they are made a Ward Of Court.
ENDURING POWER OF ATTORNEY
There are two types of Power of Attorney under Irish Law.
A General Power of Attorney which ceases as soon as an individual (the donor) becomes incapacitated.
An Enduring Power of Attorney which takes effect on the incapacity of the individual (donor).
Both may only be made when a donor has mental capacity.
An Enduring Power of Attorney may allow the Attorney to take a wide range of actions on the donor’s behalf in relation to property, business, financial and personal affairs. The donor’s mental capacity will require assessment by a medical doctor. Personal care decisions about where the donor will live, who he or she may see, and rehabilitation may also be made.
Notice of the making of the power must be given to two close relatives. An Enduring Power of Attorney can only come into force when it is registered in the High Court.
WHEN TO MAKE AN ENDURING POWER OF ATTORNEY
Enduring Powers of Attorney are not just for the elderly or those about to lose mental capacity. They should be considered by everyone who may be concerned about how their family and loved ones would cope following an accident or illness which may deprive them of their mental capacity to look after their own affairs.
We advise in relation to the documentation which must be signed while you are in good health and in a position to make decisions.
Where a person loses their mental capacity and does not have a signed and valid Enduring Power of Attorney in place, they can be made a Ward of Court.
WARDS OF COURT
If a person in Ireland is unable to manage his or her affairs due to mental incapacity, an application can be made to the High Court to have that person made a Ward of Court.
Having considered all the evidence, the Court will decide whether that person is of unsound mind and capable of managing his or her property for his or her own benefit and for the benefit of his or her dependants.
A medical inspector will be appointed to report to the Court and, if it is decided that the person cannot manage his or her own property because of mental incapacity, a Committee will be appointed. The Committee acts under the direction of the Court either personally or through his or her solicitor.
A person under 18 years may, where necessary, also be taken into Wardship as a minor.
Elaine Baldwin has a wide range of experience in general practice and now provides support and assistance for Emma in the Administration of Estates, Wills, Enduring Powers of Attorney and dealing with elderly and vulnerable clients.