Appointing An Enduring Power Of Attorney: A Practical Guide

 

Do you ever think about what happens to everyone you care about if something unthinkable happens to you? Have you ever thought about what will happen if you suddenly find yourself in a situation where you cannot make decisions? Well, it’s a great idea to prepare ahead for a time when you might require help handling your affairs. And, setting up an enduring power of attorney in Cork in place can give you peace of mind.

Planning for the future can be very challenging as no one knows what the future holds. While most people have a will in place, very few people will make provisions for someone they trust to make important decisions when they are not able to. To ease some of your worries, you might want to consider arranging an enduring power of attorney.This way, you can give someone reliable the authority to make financial decisions on your behalf.

Here’s everything you need to know about ensuring your personal affairs are in order.

What Is An Enduring Power Of Attorney?

An enduring power of attorney or EPA is a written legal document that enables a person to appoint someone on their behalf to look after your affairs in the future in the event they become mentally incapacitated. An EPA operates only when you are incapable of making your own decisions and have been registered. The document will lie dormant until that point in the future.

Why Should You Consider An Enduring Power Of Attorney In Cork?

Even though life expectancy is increasing, so is the prevalence of Alzheimer’s, Dementia, and other mental diseases. These illnesses can often be progressive, chronic, and traumatic for families. Having an enduring power of attorney in Cork will ease the burden that families might experience if their loved one becomes mentally incapable. Setting up an EPA gives you the comfort of knowing that if something unthinkable happens to you, someone you trust has the legal authority to make the decisions that need to be made.

Who Can Choose An EPA?

Anyone who is at least 18 years old can make this decision about having an EPA. You need to have the capability of understanding the nature and effect of the enduring power of attorney. A common misconception is that EPA only applies to elderly patients. However, that’s not the case. It is also suitable for situations like psychosis, brain injury, or other physical and/or mental dysfunction that may have an effect on a person’s ability to manage their own affairs.

Bottom-Line:

The decision to sign a document like an EPA requires careful consideration and must be discussed with professional solicitors. So, it is best to seek expert legal advice from reliable law firms in Cork. Your solicitor can guide you through the process of EPA!

How Is Endurance Power of Attorney Different from General Power of Attorney

 

A Power of Attorney (PoA) is a legal document that permits a person to authorise another person to act on their behalf in specified circumstances and make decisions about crucial matters like finances, properties, business etc. People largely enquire about the power of attorney in Cork City concerning the Fair Deal Scheme, but many of them are unaware of the fact that a Power of Attorney (general) and an Endurance Power of Attorney are similar-looking different things. Here is a clarification.

 

The Basic Mechanism Of The Power of Attorney

 

The person making an Enduring Power of Attorney is called a Donor, and the person whom the donor nominates is the attorney. Hence, the power is given to the attorney. The terms in the document are set according to the specific instructions of the donor, who has all the rights to narrow down exactly what "powers" are given to the attorney, for how long and in which circumstances. The mechanism comes into effect if the donor is mentally disabled or the circumstances occur as indicated by the donor.

 

Difference Between Power of Attorney and Enduring Power of Attorney

 

A General Power of Attorney (GPA) can be used in typical circumstances when the donor is expecting to travel abroad and wishes to appoint a trusted person to make important decisions in the business, which may be about financial transactions or any other fields.

 

The Enduring Power of Attorney (EPA) differs in terms that it can only come into effect if the donor is ever mentally incapable.

 

In a nutshell, GPAs allow the nominated attorney to make certain decisions on behalf of the donor for only a certain period, and with the donor having the full mental capacity. The EPA particularly works in the circumstances of the mental incapacity of the donor. If the donor meets an accident or becomes mentally disabled, the GPA would dismiss automatically. That's why it is highly recommended to senior citizens to have an EPA in place.

 

The EPA would also give the attorney the power to make personal care decisions, including housing and social welfare benefits, rehabilitation needs, diet and special care, and where they can live and with whom.

 

How To Have A Power of Attorney in Place

 

Contrary to popular belief, one does not need a solicitor or lawyer to make or activate a PoA. The donor can draft the document like any other business letter. Activating the PoA needs the signature of the donor and the nominee/attorney in the presence of a witness.

People often choose their spouse or civil partner to be their attorney. Many business owners also trust their business partner, secretary or any other non-relative associate whom they trust. In the case that the attorney is not a close relative, the donor must appoint two of their close relatives to serve as "notice parties". The notice parties would have the authority to object to the activation of the PoA if they believe it is not in the best interests of the donor or the attorney is no longer qualified for the position.

 

It is standard practice to seek the legal guidance of a lawyer or solicitor in Cork and all other regions in Ireland for safety from making any unwanted mistakes and overall legal security.

 

Activation of The PoA by Attorney

 

In the circumstance of deteriorating mental stability of the donor, it is the attorney(s)'s responsibility to apply to the Registrar of Wards of Court timely. The attorney must inform the donor before filling the application. The attorney would also need a Medical Certificate to prove the mental health status of the donor and verify the legitimacy of the application. The notice parties would be sent notices by the Ward, informing the activation request by the attorney, and up to 5 weeks are considered the maximum waiting period for any objections. Then it takes up to 4 more weeks to register to EPA.

Types Of Personal Injury Claims Common in Ireland

 

There are numerous advantages to seeking legal assistance if you believe you have a valid claim for personal injury or accident. From determining the appropriate level of compensation for your injury or accident to taking your claim to the injuries board. Professional legal counsel ensures that you get the best possible result whilst staying on the bright side of the law. The different situations that lead to personal injuries give way to different types of litigations owing to personal injury claims. Here are the most common ones in Ireland, as is indicated by the most reputed law firms in Cork.  

 

Personal Injury Claims for Accidents

Personal Injury is a broad term that mainly concerns the situation where one person’s injury is caused by another. This may include motor accidents, workplace and occupational accidents and public liability accidents among others.

In Ireland, all kinds of personal injury claims are dealt with by the Personal Injuries Assessment Board (PIAB), which is an independent statutory body. Except for medical negligence, all personal injury claims in Ireland must be filed with the PIAB.

The PIAB runs an independent and impartial assessment to verify the claim. In the case that the respondent or the person whom you hold responsible for your injury, refuses to cooperate with the PIAB assessments, then you can take the matter to court.

The PIAB assessments are primarily based on medical evidence, among other parameters. The guideline amounts for compensation for specific injuries are set out in the Book of Quantum or the Personal Injuries Guidelines, depending on when your claim is assessed. The Book of Quantum will apply if your claim is assessed before April 24, 2021, and the Personal Injuries Guidelines will apply if your claim is assessed on or after April 24, 2021.

With the cooperation of the respondent, it takes about 7months for the PIAB assessments to conclude. But if the matter enters the courts, it may take up to 2years to come to a decision. The time limit for filing a claim for compensation under the Civil Liabilities and Courts Act of 2004 is two years from the date of the accident.

Medical Negligence Claims

There is great demand for personal Injury solicitors cork for making medical negligence claims because this can get highly complex at times. 

Healthcare professionals are also humans who can make a mistake or error. When there is an injury caused due to the negligence of the healthcare professional, or failure to fulfil the duty of care, it turns up to be a case of Medical Malpractice or Clinical Negligence. The following occasions define clinical negligence:

●     Wrong Diagnosis

●     Surgical Errors

●     Failure to identify an illness and delayed treatment is a major cause of health deterioration

●     Substandard healthcare leads to personal injury

Due to the highly complex decision process, the PIAB would readily decline the assessment and recommend that the matter be taken to the courts. But going to court is not the only way out. With the cooperation of the healthcare professional or clinic agreeing to the claims, most medical negligence cases are settled out-of-court.

Insurance Policies

Personal Injury Claims are sometimes a better decision than relying on your Insurance Company to cover your damage. Because, many times, in the incident of a motor accident or any other personal injury cases, insurance claim denials are very common. Because the insurance company would face a loss for making most of the payments in personal injury claims.