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Power of attorney Galway ireland

The Power of Attorney is a provision in law that makes the most common sense. It allows a person to make sure they are cared for in a way they would wish, with decisions being made by people they would chose, should they have the misfortune to become ill and incapacitated and unable to look after their own affairs or make decisions for themselves.We at L O’Connor solicitors Galway would Like to help you through this vital, but sensitive legal process.

The key is to put in place an arrangement when the person (called a donor) has all his/her senses and all his/her mental faculties. In order to do this, there is a form the person's doctor must sign to certify the person is “compos mentis” (A compos mentis person has use and control over his/her own mental faculties). The applicant will need to give careful consideration to whom they wish to act for him/her in these circumstances.

The Enduring Power of Attorney gives the recipient control of managing financial and property affairs, together with personal care, ie, like whom the donor can see and where, and also where they live. The recipient also has a discretion to limit the power of any attorney in these areas, and they can set down what those reasonable restrictions might be, but it is important to get the details right.

There are two types of Power of Attorney under Irish Law.

Power of Attorney can give either a specific (limited to particular purpose, ie, sale of a house in a person's absence) or general, entitling the attorney to do, for example, to take a wide range of actions on the donor's behalf in relation to property, business and financial affairs.

Enduring Power of Attorney also allows the attorney to make personal care decisions on the donor's behalf once he/she is no longer fully mentally capable of taking decisions him/herself. As the creation of a Power of Attorney transfers considerable powers to another person, there are a number of safeguards to protect one from abuses. The procedure for executing a power of attorney is complex and requires the involvement of a solicitor and a doctor. The Enduring Power can only come into effect, when certain procedures have been completed and the Courts have a general supervisory role in the implementation of the powers.

The document creating the power must be in a particular format and must include the following: 1. A statement by the doctor verifying that in his/her opinion the person (donor) has the mental capacity at the time the document was signed. 2. A statement from the donor that they understand the effect of the power 3. A statement from the solicitor that he/she is satisfied that the donor understood the effect of creating the power. 4. A statement from the solicitor that the donor is not acting under undue influence. 5. At least two persons must be notified about the making of the enduring power of attorney, none of whom can be the attorney. One of the noticed parties must be a spouse or civil partner, if this does not apply, one of the noticed parties should be the donor's child if neither is applicable. The notice party should be a relative. I hope you found this helpful feel free to contact us at our offices L O’Connor solicitors Galway for further information. L. O'Connor & Co. Solicitors, 8 Montpellier Terrace,Sea Road, Galway.

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