Enduring Power of Attorney
H.G. Donnelly & Son Solicitors can draw up the legal documentation necessary to set up either a power of attorney or an enduring power of attorney.
Power of attorney gives a selected person (the attorney in legal parlance) the power to either make specific or general decisions on behalf of an individual.(the donor).
Power of Attorney documentation is usually drawn up so the appointed person (the attorney) can take actions on behalf of the donor in cases where the donor is abroad, absent or incapacitated due to illness.
Enduring Power of Attorney is documentation that legally allows the nominated person to make decisions on behalf of the donor.
Setting Up Enduring Power OF Attorney
The enduring power of attorney legal process is a complex area of law.
To being the legal process a series of conditions must be met including:
-
A written statement from a doctor that outlines that – in their opinion – the donor has the mental capacity to understand the far-reaching consequences and effects of the document
-
A statement from the donor clearly outlining that they understand the effect of the power they are creating
-
A statement from a solicitor that states the donor is not acting under undue influence or duress
When creating an enduring power of attorney, certain people must be notified, including family members.
Wardships/Ward of Court
H.G. Donnelly & Son Solicitors can assist clients who are applying to make a person a Ward of the Court. A ward of the court application is made when a person no longer has the mental capacity to handle or oversee their own affairs.