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Power of attorney/Wards of court

Power of attorney/Wards of court

Power of Attorney/Wards of Court

Kelly Law Solicitors offer services to assist in making arrangements in circumstances where it is necessary for a power of attorney to be appointed or to make a person a ward of court.

Kelly Law Solicitors are conscious of the sensitive nature of these applications and the attention that families must get when dealing with what are unfortunate circumstances.

The circumstances of each case will determine the appropriate application.

Power of Attorney

In the unfortunatle circumstances where a person enviages deminished mental capacity they may make provision for later mental incapacity by executing a legal document called an Enduring Power of Attorney. Circumstances where such decisions must be made are where persons are diagnosed with incapacitating diseases such as alzheimers or dementia or have suffered brain injuries or stroke.

The point to understand from the outset when considering such a course is that the mental incapcity has not yet occured. Where it is deemed that mental incapcity has aready been reached the appropiate application is to make that person a ward of court.

The benefits of executing an enduring power of attorney rather than being made a ward of court are that decisions can be made personally such as who has control, what powers are restricted, where to reside, medical care to be received.

For such an appointment the services of both a solicitor and doctor are required. The doctor must certify the donor as fit to exectue the document within 30 days of the solicitor having taken the instruction. The solicitor must also be satisfided that the donor has not been under any undue influence or duress in relation to the signing of the document.

At such time as it is deemed that the donor is incapacitated the enduring power of attorney is registered with the High Court and will take effect. It is accompanied by a certificate by a doctor confirming that the donor is no longer capable of managing their afairs.

There is a safeguard in the process as two notice parties are notified of the application and who the appointed attorney is. There is a mechanism to lodge an objection should concerns arise.

Should you have any query regarding any of the above please contact Kelly Law Solicitors for a consultation in strict confidence.

Wards of Court

In situations where a person is no longer capable of managing their own affairs due to mental incapacity and an enduring power of attorney was not executed, it may be necessary to make an application to the High Court to make that person( the ward) a ward of court and to appoint a committee to look after their affairs.

There are simularities between the two applications but it is always favourable that the incapacitated person would dictate powers by an endurng power of attorney.

It is however common that it is necessary for the person to be made a ward of court.

The make someone a ward of court a petition is made to the High Court accompanied by two medical reports confirming that the person is no longer capable of managing his or her affairs. If warranted he High Court will then carry out what is called an enquiry.

The enquiry entails the proposed ward being examined by a third doctor appointed by the High Court. This doctor will then report to the High Court an opinion as to the capability of the proposed ward of managing his or her affairs.

It is part of the application that details be furnished detailing the proposed wards medical condition, next of kin, assets and income.

The petition is personally served on the proposed ward allowing him or her to object to the application.

It must be appreciated that the circumstances of each application differ and the forgoing is intended to give a brief overview of such an application. We would invite you to contact Kelly Law Solicitors in confidence at your convenience should you wish to discuss any such proposed application.