When a person becomes mentally incapacitated (for example, because of illness or disability), their assets and property are normally frozen and can't be used unless someone has power of attorney to deal with their property or money. A power of attorney is a legal device that can be set up by a person (the donor) when they are in good mental health, to allow a specially appointed person (the attorney) to take actions on the donor's behalf if they are absent, abroad or incapacitated through illness
An Enduring Power of Attorney (EPA) allows the attorney to make "personal care decisions" on the donor's behalf once they are no longer mentally capable of taking decisions themselves. These decisions include where and with whom the donor will live, who they should see or not see and what training or rehabilitation they should get.
If a person doesn't have an EPA and they become unable to manage their assets because of mental incapacity, an application can be made to the courts for them to become a Ward of Court. The Court will make a decision as to whether they are capable of managing their own property and if so a Committee is appointed to control the assets on the Ward's behalf.
To discuss making an Enduring Power of Attorney or a Wardship Application, please contact us at Brabazon Solicitors and we would be delighted to assist you.
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