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Enduring Power of Attorney Services
Enduring Power of Attorney is a document which deals with the care of a person(“The Donor”) and the management of their affairs during their lifetime should they become mentally incapacitated. It is a document that may never actually come into operation, as they may never become so in capacitated that they can’t manage their own affairs. It is however a sensible precaution.
There are a number of things to remember about Enduring Powers of Attorney:-
- It can only be signed while the Donor is mentally capable (to be confirmed by their doctor)
- Two Attorneys must be appointed.
- The Donor can specify which powers and decisions can be given to the Attorneys
- The document must be registered with the High Court.
- It only take effect when the Donor becomes incapable of managing their own affairs.
- The Enduring Power of Attorney has no effect and cannot be acted upon until such time as a medical practitioner certifies the Donor as being incapable of managing his/her own affairs
So why sign an Enduring Power of Attorney:-
- It allows a Donor to choose who they would like to manage their affairs
- It reduces a lot of stress for family members when the Donor has specified their wishes regarding their care and possessions
- It prevents family disputes
At McElhinney & Associates we have the knowledge, expertise and experience to advise our clients in a professional, sensitive and confidential manner. Contact us today to arrange a consultation.
Ward Of Court
A Ward of Court Application becomes necessary where a person becomes incapable of managing their own affairs and they have not executed an Enduring Power of Attorney.
An application must be made to the President of the High Court to have the person in question made a Ward of Court. If the Court is satisfied based on medical evidence that the person is sufficiently incapacitated then the court will appoint “a Committee” to look after the person’s affairs in conjunction with the Ward of Courts Office.
At McElhinney & Associates we understand that this is a particularly difficult and sensitive time for the people involved and we treat every case with the professionalism and sensitivity it deserves.
If you require our assistance, Please Contact us today