Brian Lynch Associates
Solicitors
4 The Courthouse Square, Galway, Ireland.
Tel:091 530430
Fax: 091 562787
DX: 4501 Galway – Mary Street
Email:
CHOOSE THE PERSON YOU TRUST
PREVENTA FAMILY DISPUTE
Enduring Power of Attorney
Fixed price of €399 inclusive of 23% VAT per person
+ FREE WILL INCLUDED
Enclosedis your free legal opinion and fast track pack on entering into an Enduring Power of Attorney to get started. If you complete this process within 30 DAYS, YOU GET
A FREE WILL MADE
A GIFT VOUCHER FOR €50 will be given to you towards a friend doing an Enduring Power of Attorney
This great fixed price is because we have a computerised automated process. Start now by contacting Dee or Sally at 091 563131 (or low cost to 1850 304 304) to set in motion the process.
They arrange everything, including a necessary explanation from a solicitor who has to certify that you understand the process and who will assist in making arrangements with your doctor to pass you as being fit.
You are 20% through the process by filling out the attached form. Email this to . We can take credit card or debit card.
Main benefits:
Peace of mind now
No family disputes in the future
GETTING PEACE OF MIND STARTS HERE RIGHT NOW
Legal Opinion - Enduring Power of Attorney (EPA)
Due to requests from clients regarding having their “affairs in order’ we recommend to all clients that in addition to making a Will they use the Enduring Power of Attorney Act to create an Enduring Power of Attorney.
What is an Enduring Power of Attorney?
An EPA is a legal document by which you can appoint one or more persons (known as your Attorney(s)) who you would wish to look after your affairs should you become mentally incapable of doing so yourself at some time in the future.
Why make an Enduring Power of Attorney?
This is a precautionary arrangement which will not take effect unless you lose mental capacity in the future.
Under the EPA procedure YOU CHOOSE the person(s) who you would wish to act on your behalf in managing your affairs if you become mentally unable to do so yourself.
Having an EPA in place can avoid disputes between family and loved ones in relation to decisions regarding your care, health, property and affairs generally, if you were to lose mental capacity in the future.
What happens if you do not use the EPA procedure and lose mental capacity in the future?
Without an EPA your loved ones who are left to try and look after your affairs may have to resort to other legal steps which could involve far greater trouble, time and expense, such as Court Applications to appoint Care Representatives or wards hip proceedings. If you have not expressed your wishes by an EPA there may be disagreements between family members and loved ones which could lead to costly litigation.
Why make an Enduring Power of Attorney now?
At the time you make an EPA you must have the mental capacity to do so. A medical practitioner, usually your GP has to provide a certificate to this effect when an EPA is made. We will assist in the necessary arrangements with the Doctor. Once a person loses mental capacity it is too late.
Can I change an Enduring Power of Attorney?
Yes, at any time as long as you still have the mental capacity to do so.
When does an Enduring Power of Attorney take effect?
An Enduring Power of Attorney can only take effect if you are becoming or have become mentally incapable of looking after your own affairs (which would have to be certified by a Doctor). Your Attorneys can then apply for Registration of the Enduring Power of Attorney with the High Court.
Is an Enduring Power of Attorney more for the elderly?
No. Whilst an EPA is clearly of considerable benefit in circumstances where an elderly patient may in the future lose capacity, there are many circumstances under which younger persons may be left unable to manage their own affairs, either permanently or temporarily, e.g. a head injury or mental illness.
Who should I appoint as my Attorneys?
Under an EPA YOU CHOOSE the person(s) that you would trust to be able to manage your affairs. Often Attorneys will be family members but this is not necessarily the case. You may wish to appoint more than one Attorney. This may be advisable in case one Attorney may be unable to act in the future. If more than one Attorney is appointed,YOU DECIDE and specify in the EPA whether they have to act together or can act separately.
You can also select alternative Attorneys to act if the appointed Attorneys are unable to do so in the future.
The following are some options to consider as regards your Attorney(s) depending on your circumstances: -
Single person - A family member or close friend.
Parent with children under 18 -Your spouse or partner.
Parent with children over 18 - One or more children even if your spouse is alive.
What do my Attorneys need to know?
You should discuss with your proposed Attorneys that you would like to appoint them as they will need to agree that they are prepared to act as your Attorney(s). The prescribed Form of EPA includes explanations for the proposed Attorneys. Part of the process is that the appointed Attorneys (and any alternative Attorneys) must confirm that they have read or have had explained to them necessary information.
Apart from the Attorneys, who else is involved in the process?
- Your Solicitor will have to certify that he/she is satisfied that you understood the effect of the EPA process.
- Your Doctor will have to certify their opinion that that you had the required mental capacity to understand the effect of the EPA process at the time you signed the EPA
- 2 members of your family [who cannot be your chosen Attorney(s)] will be given written Notice that you have made the EPA (see below)
Who has to be informed when an EPA is created?
The EPA process is designed to ensure that your family are aware that you have made an EPA and who you have appointed as your Attorney(s). Two members of your family (who cannot be your appointed Attorneys) will be served with written Notice of your EPA. These are known as Notice Parties.
Your Notice Party must be your Spouse or Civil Partner or your child (if over 18), unless these are your appointed Attorneys. If these do not apply the Notice Parties will be other members of your family. If your circumstances change in the future and your Attorneys intend to register the Power of Attorney, these Notice Parties will be advised of this.
We encourage that all clients should have an Enduring Power of Attorney in place as well as a Will.
GETTING PEACE OF MIND
YOU ARE NEARLY THERE
Instructions for Enduring Power of Attorney
The Donor (YOU)
Name:
Address:
Date of Birth:
Telephone:
Email:
Proposed Attorney(s)
NB You may appoint one person as your Attorney, but we advise that more than one Attorney is appointed, in case one of the appointed Attorneys is unable to act in the future.
Attorney 1 Attorney 2
Name: …………………………………………. Name: …………………………………………..
Address: ……………………………………… Address: ……………………………………….
Please confirm how you would wish your Attorneys to act. The options are: -
- Jointly (they must act together and cannot act separately) OR
- Jointly and severally (they can act together, but they can also act separately if they wish, or if the circumstances require)
Please indicate the extent of the power you would wish your Attorneys to have. This can cover all matters or you can restrict power on certain matters. Broadly, the options are: -
General Power in relation to all my property and affairs (i.e. to include dealing with money and selling property) Yes……..
OR
I would not wish my Attorneys to have power in relation to the following, e.g. sale of my house
…………………………………………
…………………………………………
Personal Care Decisions
I authorise my Attorneys to take all personal care decisions on my behalf, e.g. deciding where I shall live Yes…….
OR
I would wish to limit the personal care decisions my Attorneys can make to exclude the following
………………………………………
………………………………………
Details for Statement of Registered Medical Practitioner: -
A Doctor (usually your GP) will have to sign part of the Enduring Power of Attorney document to confirm that you had the capacity to execute the Power.
Name:
Address:
Telephone:
Email:
Details of Notice Parties (2 required)
Once the Enduring Power of Attorney is executed it is a requirement under Law that Notice of this is given to two persons (NB these persons cannot be the Attorney(s) appointed). These persons will also be notified if in the future it is intended to put the Enduring Power of Attorney into effect.
The Notice Party must be (a) your spouse or civil partner, or (b) your child, unless such person is appointed your Attorney. If neither is applicable in your circumstances, the Notice Parties must be relatives, eg, a parent, sibling, grandchild, nephew, niece.
Notice Party 1 Notice Party 2
Name: …………………………….. Name: …………………………………
Address: …………………………. Address: ………………………………
……………………………………….. …………………………………………….
We will arrange for these Notices to be sent by Registered Post