As we look ahead, it’s important that we have preparations in place to care for our family and loved ones when we’re no longer here. Nobody knows what’s around the next corner, so the more organised you are about things now, the easier they will be down the road. Our team of wills and probate solicitors at Anthony Joyce & Co. cover a wide range of areas in Wills Probate and Estate Probate so that when you work with us, you can stop worrying and start planning. You might have some property that you’d like to split among numerous parties, or have another wish for your finances that’d like to see followed through on. Our wills and probate solicitors in Dublin are ready to listen and act effectively so that you can get on with enjoying life.
Because the task of estate planning can involve large amounts property and finances, there are many taxation issues that need to be managed. From administration to execution, it can seem like a long road to go down. However, when it comes to dealing with estate probate and succession planning, our team of estate, wills and probate solicitors are on hand to work with you to get things organised in a timely and cost effective manner.
The allocation of estate and finances should you no longer be around is an essential eventuality to plan for, but what’s also extremely important is the delegation of responsibility should you suffer from an illness or accident that cripples your mental capacity to deal with critical decisions. Personal affairs that might require verdicts on can range from the trivial to the life altering. Place of residence, medical care, rehabilitation therapy, dress and diet, as well as the inspection of personal finances would all have to be decided by another person, so you might want to restrict what decisions can be made for you and choose carefully to whom you delegate the responsibility.
An Enduring Power of Attorney is a legal document that assigns such power to act on your behalf to another person should you be unable to make decisions for yourself. Conditions that might cause this possibility to arise include Alzheimer’s disease, stroke, brain damage or any number of forms of dementia. Given the scope of possibilities involved, you can imagine there are a number of steps you must take in order to complete such a document.
Because the choices another person will be forced to make can have such major consequences, generally speaking two people are given power of attorney, rather than just one, and in the process of donating the power, both a solicitor and doctor must be consulted. It is the wills, probate and estate solicitors’ job to ensure that all legal requirements are followed to the letter. Such requirements that need to be addressed include confirmation that the donor is not giving the power of attorney to somebody who owns a nursing home in which they reside, and that the person they’re giving the power to is over 18, not bankrupt, and does not have a criminal record. Most importantly, the wills and probate solicitor needs to be satisfied that the contract is not being drawn up under duress. Meanwhile, the doctor has to address similar concerns. As a qualified medical practitioner, it is his or her job in the proceedings to confirm that the donor is making the decision to give power of attorney to another person while operating at an acceptable mental capacity. All of these requirements exist to protect the interests of the donor, so it’s very important that they not be taken lightly.
Finally, the Enduring Power of Attorney does not come into effect until it has been registered in the High Court. After a handful of legal conditions have been met, the donor and the people he has assigned the power of attorney to will have five weeks to lodge an objection if they wish, and, what’s more, the enduring power of attorney can be revoked by the donor any time before the registration.
The team at Anthony Joyce & Co. are confident that your Power of Attorney legal documentation can be handled smoothly, so if you have any questions, whether about how you’d like to work with us, or an arrangement you’re in the process of making, feel free to pick up the phone, or use the quick form below to get in touch.