An Enduring Power of Attorney in Cork, Ireland, is a legal document that allows every person to nominate someone reliable to look after the individual’s personal care and financial affairs on losing mental capacity. Now, it is common for all to believe that the onset of mental illness occurs with age, whereas it might happen from an injury or through some sickness or medication. When anything of that sort hits, an EPA saves the day. Let us delve into this topic and explore the true purpose of a Power of Attorney followed by the consequences of not appointing one.
True
Purpose of a Power of
Attorney in Cork
Trauma and
accidents always arrive uninformed. One never knows what the future holds and what
might cause one to lose mental capacity. During such unfortunate incidents, the Power
of Attorney empowers the victim to stay prepared for the situation. It allows
the person to assign someone trustworthy and reliable from beforehand to take
welfare and financial decisions on behalf of him/ her when the individual
becomes mentally unwell. It could be anyone – a friend, a family member, or an acquaintance.
Many Irish citizens
believe applying for an Enduring Power of Attorney in Cork is pointless for a married person or someone with
children to nurture and care for the individual. Even after having family
members, the truth is you cannot expect to have them medicate you or draw your
pension. This automatic right of tending a mentally incapacitated relative is
not present in Ireland. The only way to bestow those powers is through an EPA.
What
Happens If Someone Fails to Nominate an EPA?
God forbid
you never lose your mental capacity, but if you do, there will be at least someone
to manage your affairs. Otherwise, all your assets shall freeze, leaving your
close ones to apply for a Ward of Court. Solicitors usually discourage people
to apply for it as it is a lengthy process and involves complications. Going
forward, the Court takes charge of the victim’s assets and well-being. It puts
all family members into a committee responsible for managing financial and
personal affairs. Despite entrusting sufficient powers to the family members,
they cannot act at will. A matter as simple as selling the victim’s property
requires submission of an application to the Court at first.
How are
the Powers of an EPA Different from a Ward of Court?
Both the
posts entrust powers to family members. However, there is a stark difference
between the two.
Under the
terms of EPA, the powers are directly passed over to the Attorneys. They start
taking decisions on behalf of the incapacitated person right away without the
court intervening. On the contrary, a Ward of Court is always under the vigilance
of the Court and its responsibility. None of the decisions can be taken without
its approval. Moreover, applying for a Ward of Court takes a lot of time, and the
process incurs a lot of expense.
Appointing
an EPA is far better than having the Court set up a committee of persons you
would never have chosen to take decisions on your behalf. In other words, you
can avoid many such unwelcomed circumstances after having an EPA in place.
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