ENDURING POWER OF ATTORNEY SOLICITORS
If you’re worried about losing the ability to manage your affairs in the future, you can make an Enduring Power of Attorney to appoint someone you trust to make those decisions on your behalf if you lose capacity.
At Keenan Solicitors, our discrete and expert solicitors can explain the process and help you plan for the future.
Why Keenan Solicitors?
At Keenan Solicitors our team of solicitors have vast experience in all manner of elderly client services. Our experts will take the time to listen to your and make sure that your wishes are clearly and concisely recorded. We aim to provide essential peace of mind to you and your loved ones, making an often difficult process straightforward.
From the moment you first call or enquire, our friendly and professional team will ensure your needs are looked after.
Our modern office is based on the Ormeau Road, Belfast, and offers large and confidential meeting rooms with onsite parking, allowing you to speak candidly with your solicitor about your needs. Our solicitors recognise that everyone has different requirements and will provide you with bespoke advice, tailored to your individual circumstances.
In addition to this, as our office is based in a former bank building, we have the benefit of having retained the old bank vault, providing you further peace of mind that your documents are securely stored.
When the time comes and your family need guided through the process of administering your estate, our team are hugely experienced in all probate and estate administration matters. We will sensitively and diligently guide your loved ones through the entire process, liaising with banks and all relevant parties and ensuring your wishes are followed.
If you would like to discuss a will or the execution of an estate call us on 028 90 49 3349 or tell us about it and we will call you at a time that suits you.
Contact Keenan Solicitors for advice today
Contact us now on 02890493349 or leave your details below for a free no obligation consultation.
Making an Enduring Power of Attorney in Northern Ireland
Making an Enduring Power of Attorney (EPA) can give both you and your family peace of mind for the future and lets you decide what should happen should old age, illness or injury leave you unable to deal with you affairs.
An EPA often gives power over:
- How to manage your finances
- If you are a business owner, what happens to your business
- Management over your property
- Using your money to pay for your residential or nursing care
It does not allow your Attorney to make decisions over your welfare.
It is important to note that an EPA comes into effect as soon as it is signed by the attorneys if no restrictions or conditions have been inserted. The position is different if you are becoming incapable of managing your affairs – it will then need to be registered with the Office of Care and Protection (OCP).
How much or how little power you wish to grant is entirely up to you. Our experts can provide you with the necessary legal advice to decide what is right for you in your unique circumstances.
We would often advise that a clause is inserted stating that the EPA doesn’t come into effect until you have been medically certified that you no longer have capacity to deal with your own affairs, giving you further peace of mind that it will only be effective when you absolutely need it.
Once your Attorney believes that you are no longer capable of managing your affairs, the EPA will need to be registered with the High Court.
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Benefits of an Enduring Power of Attorney
- Reassurance and peace of mind. If you are unable to make a decision for yourself in the future, someone you have chosen and trust will make that decision for you.
- Making an EPA now will make things easier for the people close to you in future. It will be more expensive, difficult and time-consuming for them to get permission to act on your behalf when you are not able to give your consent.
- Making an EPA can start discussions with your family or others about what you want to happen. This means decisions they have to make in the future will be based on your wishes.
What happens if you don’t make an Enduring power of attorney?
We understand that it can be hard to think about a time when you are no longer able to make decisions for yourself.
For many in Northern Ireland, this is an unfortunate reality of life. Diseases like dementia can affect anyone.
Planning ahead by making an EPA can make things easier for your loved ones in these situations. Without an EPA, there may come a time when no one can legally make decisions such as paying bills or care for you.
If this happens, someone may need to apply to become a controller. This gives them similar powers to an attorney, but they will be under more control by the OCP. However, the process of becoming a controller is more time-consuming and expensive than for an EPA.
The controller is chosen by the court, not by you. A controller must also do some things on an ongoing basis, such as paying approval fees to the OCP and submitting an annual report. It is usually cheaper and easier for someone to be an attorney rather than a controller.
Registering an Enduring Power of Attorney
If you have been appointed as the Attorney in a loved one’s EPA and believe that they may have become mentally incapable of managing their affairs, in order for your powers under this document to become effective, it will need to be registered with the Office of Care and Protection (OCP) in the High Court.
At Keenan Solicitors, we understand this can be a very stressful and daunting time. You want to ‘do right’ by those who trusted you to look after their affairs. We can offer legal assistance to help you navigate this process.
In order to successfully register the EPA, you’ll need a few things, including:
- The Original EPA
- This will often be securely stored by the solicitors who executed the EPA.
- Court Service Documents
- There are strict rules around the service of documents when registering an EPA. This is to safeguard the interests of the person who made the EPA. It is advisable to seek legal advice to make sure that these steps are done correctly.
- The Application Form
- Medical Evidence
- It is often the case that the EPA being registered will be conditional on the Donor being medically certified that they no longer have the capacity to deal with their own affairs. In such cases, the Court will often require evidence of this. This can be shown through medical records but often a capacity assessment will need to be carried out by a medical professional. We can arrange for a Consultant Geriatrician to attend the home of the Donor and carry out a private capacity assessment for the purposes of registration (additional fees apply).
- Court and Professional Fees
For more advice and an initial free no obligation consultation regarding Enduring Power of Attorney, from making one to registering, call Keenan Solicitors on 028 90 49 3349 or leave your details and we’ll call you.
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