Power Of Attorney

A Power of Attorney enables you to appoint an “Attorney” to deal with all your personal and financial affairs in the event that you become incapacitated through illness in the future.

For example, it may allow the Attorney to take a wide range of actions on your behalf in relation to your property, business, and financial affairs. The Attorney may make payments from specified accounts, make appropriate provision for any specified person’s needs, and make appropriate gifts to your relations or friends.

If someone is mentally incapacitated (for example, through illness, disability or a progressive degenerative illness), all of their assets and property are normally frozen and cannot be used by anyone else unless they are jointly owned or, someone has Power of Attorney to deal with their property or money.

You can appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend, or colleague, however, if you wish to create a Power of Attorney, you must have full capacity.

As the Enduring Power of Attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses. Furthermore, the procedure for executing the Enduring Power of Attorney is complex and requires the involvement of a Solicitor and a Doctor.

The Enduring Power can only come into effect when certain legal procedures have been completed and under the supervision of the Probate High Court.

At Brendan Kelly Solicitors, our specialist team of Solicitors has the expertise to help guide you and your loved ones through this process.

Should you wish to discuss the implementation of a Power of Attorney, please arrange a consultation with one of our experienced Solicitors.

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