ELDER LAW
Bowman McCabe Solicitors are experienced in drafting Enduring Powers of Attorney and making Ward of Court Applications. We are trusted to act as Personal Representatives and Trustees for people who are incapable of managing their own affairs.
ENDURING POWER OF ATTORNEY
An Enduring Power of Attorney (EPA) is a document signed by a person (A Donor), who at the time has the mental capacity to execute a legal document, and which appoints a person or persons to be responsible for their future care and or the management of their finances should they become incapable of managing their own affairs.
The Donor will appoint one or more people to act as his or her Attorney(s). The Donor is entitled to appoint any person they wish to act as their Attorney. Such a person should obviously be trustworthy.
The Donor must inform two people (Notice Parties) that they have signed an EPA. Notice Parties must be the Donors closest relatives, or if the closest relatives have been appointed Attorney(s), their next closest relatives.
Notice Parties will be informed if and when the EPA is registered or brought into effect, at which stage they are entitled to object to its registration on several grounds.
A Donor can appoint an Attorney to make decisions on personal care or financial care or both. Indeed a Donor can appoint one Attorney for personal care decisions and another for financial care decisions. The Donor can decide, if more than one Attorney is appointed, whether they have to act jointly or whether they can act or make decisions separately.
An Attorney is obliged to keep full accounts which can be inspected by the Wards of Court Office on behalf of the High Court. The High Court has the power to hold an Attorney personally liable for the misuse of the Donor’s property. The High Court can also Remove an Attorney.
WARD OF COURT
Should a person become unable to manage their financial affairs due to mental incapacity, and does not have the capacity to appoint an Attorney, then an application can be made for them to become a Ward of Court. The High Court will decide whether the person is capable of managing their affairs for their own benefit and the benefit of any dependants.
A Ward who has dependants has a legal duty to maintain them and the Office of Wards of Court will make arrangements to provide for their maintenance and benefit according to their needs and the Ward's means.
A Person can object to becoming a Ward of Court. Notice of the application to make a person a ward of court must be served on the proposed Ward.
A proposed Ward is entitled to object to the application by writing to the Registrar of Wards of Court.
If a person is made a Ward of Court, a Committee is appointed to control the assets on the Ward’s behalf.
In order to make an application to have someone made a Ward of Court Information must be provided about their medical condition, next-of-kin, assets and income.
When a Ward dies, after any debts have been paid and when a Grant of Probate or Administration has issued, the estate is distributed according to the Ward's will or under the rules of intestacy.
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