What is it?
It is a legal document in a precise form by which you appoint a person or persons to act on your behalf to manage your property and affairs, in the event that you can no longer do so due to mental incapacity. It is not a Will, which only deals with your property when you die.
Should I have one?
We are living longer with the possibility of developing dementia. It is important to think ahead and make provisions for that eventuality. You should be able to choose what happens to your property and how and where you live. If capacity is lost, it is too late. The only legal remedy then is to be made a Ward of Court. You will have no say in that process.
How do I get one?
Your Solicitors will draft the document for you tailored to carry out your instructions. Your attorneys can only act when you lose mental capacity. They must first register the Power of Attorney in the High Court and supply evidence from a doctor that you have become incapable before they can act.
Finally, the Power of Attorney does not allow your attorney to divide your property when you die. You must make a Will for that purpose. The Power of Attorney does not allow your attorneys to make medical decisions on your behalf. This law may change shortly, when the Assisted Decision Making (Capacity) Bill 2013 becomes law.
If you require further information please contact our office for a free consultation on 091-564011 or firstname.lastname@example.org.