Wills, Enduring Power of Attorney & Wards of Court
Wills
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 download our Will Instruction Form below 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.
Incapacity
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
An Enduring Power of Attorney is a document that you create which enables you to choose a person (called an Attorney) to manage your property or affairs in the event of your being mentally incapable of doing so in the future.
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.