What Can Be the Consequences of Not Making an Enduring Power of Attorney in Cork?

 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.

Postscript:

Would you like to make someone who you trust to be your Power of Attorney in Cork? You could initiate the process by contacting solicitors from Breen Walsh Solicitors and get your affairs in order. Sorting it out today can help you stay prepared for an unforeseen future.