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Enduring Power of Attorney

  • 31-07-2012 8:26pm
    #1
    dropbox
    Registered Users Posts: 2 ✭


    Hoping someone can clarify how Enduring Power of Attorney works for me. Our elderly mother is suffering from dementia and we are trying to seek Enduring Power of Attorney to look after her further as she is not paying bills and so on at the moment.

    We have the following done, but we wanted to double check the procedure to ensure we are being advised correctly.

    - a statement by a doctor verifying that in her opinion she had the mental capacity at the time that the document was executed to understand the effect of creating the power
    - a statement from her that she understood the effect of creating the power
    - a statement from a solicitor that he is satisfied that she understood the effect of creating the power of attorney
    - a statement from a solicitor that she was not acting under undue influence.

    We are told to continue that we must go to the high court, as per standard procedure, and that it will be very costly on court fees alone.

    Is this correct? What is the exact procedure?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    dropbox wrote: »
    Hoping someone can clarify how Enduring Power of Attorney works for me. Our elderly mother is suffering from dementia and we are trying to seek Enduring Power of Attorney to look after her further as she is not paying bills and so on at the moment.

    We have the following done, but we wanted to double check the procedure to ensure we are being advised correctly.

    - a statement by a doctor verifying that in her opinion she had the mental capacity at the time that the document was executed to understand the effect of creating the power
    - a statement from her that she understood the effect of creating the power
    - a statement from a solicitor that he is satisfied that she understood the effect of creating the power of attorney
    - a statement from a solicitor that she was not acting under undue influence.

    We are told to continue that we must go to the high court, as per standard procedure, and that it will be very costly on court fees alone.

    Is this correct? What is the exact procedure?

    Unfortunately, this is an area that a solicitor is needed as the High Court has oversight of EPA's. On the bright side, this is much cheaper than wardship proceedings which would be required if an EPA had not been prepared.

    Some details available here on EPA:

    http://www.courts.ie/offices.nsf/0/07FCE631A3E01083802573D2006898F2?opendocument


  • #3
    legalbuff
    Registered Users Posts: 1 ✭legalbuff


    Hi There,
    Below is a link to a blog post that explains what it is, and how the power of attorney basically works. Hope it answers your questions.

    http://www.docrun.com/blog/thats-the-power-of-attorney/

    Good Luck!


  • #4
    jredwood
    Registered Users Posts: 1 ✭jredwood


    Hi, I am trying to help my cousin through a terrible time. I think she has the enduring power of attorney in process with her lawyer. Her worry is that once she has it, what does she do with the bank of Ireland. Her mother's social security goes directly into her account and she does not want to mess any of this up and social security from US does not recognize powers of attorney. She does not want to get into any hassel with this and I sure understand her problem. She also will need a debit card to continue paying bills and write checks for nursing home care. Can you help her? Thank you very much.


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