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Power of Attorney and Wards of Court

Power of Attorney (PoA)

A Power of Attorney allows a person in good mental health to give a specific person the power to take certain actions on your behalf. It can be limited to a specific action, like the sale of your house, or be more general, entitling the attorney to deal with your property, business, and financial affairs. A Power of Attorney ceases if a person becomes mentally incapacitated.

Enduring Power of Attorney (EPA)

If you were to suffer from an illness or disability that deprived you of the mental capacity to look after your own affairs, how would you or your family cope?  An Enduring Power of Attorney allows you to give a specific person the power to make decisions on your behalf if you are no longer capable of making decisions.
Without an Enduring Power of Attorney, if someone becomes mentally incapacitated then all of their assets and property are frozen, and cannot be used by anyone else (unless they are jointly owned). This can make life very difficult for those who are looking after that person. In this case the person may become a Ward of Court.
Because an enduring power of attorney transfers considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses. Setting up an enduring Power of Attorney is a complex procedure, and requires a solicitor who has experience in such matters.

Ward of Court

If a person becomes mentally incapacitated without a valid Enduring Power of Attorney, an application can be made to the High Court to have that person made a Ward of Court. A person becomes a Ward of Court if the Court decides that they are not capable of managing their own affairs. When this happens, a Committee is appointed to make decisions in relation the person’s affairs.

At Frizelle O’Leary & Co Solicitors in Enniscorthy, we have dealt with many clients in setting up either a Power of Attorney or an Enduring Power of Attorney, or both. We can explain the formalities and arrange the necessary documentation, while you have the good health and the capacity to decide who should look after your affairs, if the need were to arise.