As we get older, our legal needs and requirements change. The law relating to the elderly is not particularly different from the law as it applies to any individual but there are particular sensitivities and urgencies which have to be addressed and dealt with.

It is a sad fact that any vulnerable group within Irish society can be exploited and unfortunately, abused. In addition, many elderly people need to make decisions about their lives which for a variety of reasons they have difficulty with, and we can help. Whether that assistance takes the form of preventing abuse or advising concerning financial matters or making a will or completing any of the other documents that can help and protect a person in their later years, we are happy to help.

We have also developed close links with other bodies, both voluntary organisations and private advisors, who have developed specific expertise dealing with many of the areas set out below and if we cannot help you, we can direct you to someone who can.

Elder Abuse

It is unfortunate fact that we are becoming more and more aware of serious avoidable problems that can happen to the elderly.

• Physical abuse: Many elderly are now residing in nursing homes or are living their own. If they or a family member or friend feel that they have been abused either physically or sexually then legal advice will be required.
• Neglect: Again it is a sad fact that many elderly people are neglected and are not receiving adequate food, adequate clothing or being left alone for lengthy periods. If an elderly person is ill and is confined to bed, particular problems can arise.
• Financial abuse: The elderly are in a particularly vulnerable position when it comes to finance and quite often they must allow third parties have access to their accounts. If they feel that money is being taken from their account without permission or if it is being used for the wrong purposes, we can help.
• Psychological abuse: This can often happen where a person feels afraid for any number of reasons. If the actions of somebody else are causing depression or feelings of despair or loneliness then action can be taken to prevent this reoccurring.
• Discrimination: Discrimination can occur in any environment and affects older people as much as it can affect anybody else. We are happy to advise and take whatever action is necessary to ensure that such discrimination does not take place.
• Health care fraud and abuse: We can advise where healthcare is being charged for but is not being provided. We can help if there has been overcharging or over medicating or under medicating. We are also aware that there have been cases where fraudulent remedies have been recommended for illnesses.

If you suspect elderly abuse but you aren’t sure, seek advice. We do not necessarily believe a solicitor should be first port of call but advice should be sought.

A recent study carried out by UCD and St. Mary’s Hospital confirmed that elder abuse remains one of the most hidden forms of interfamily conflict within many societies. The study found that over 10,200 elderly people (with an average age of 74 and just over half of whom were women) had suffered either financial, physical or psychological abuse. One in three of those abused said that the mistreatment had begun before the age of 65 and it is very sad to learn that in half of all cases of abuse, the adult children of the victim were said to be the perpetrator. In three out of every four cases, the abuse took place in the victim’s own home.

We have established close links with healthcare professionals who can assist where you suspect that abuse is taking place and if appropriate, we are happy to represent victims of elder abuse to seek orders either preventing a repetition of the abuse or seek compensation for harm caused.

Making a Will

It is very important that everybody makes a Will and in particular if you are elderly, it is critical. A Will can ensure that proper arrangements are made for your dependents and that your property and other assets are distributed in accordance with your specific wishes. A Will is often a relatively simple document but if it is not completed in the correct format, it may not be legally binding and legal advice should be sought given that the consequences can be so serious. Click here if you require more information concerning the making of a will.

Estate planning is also extremely important and should be incorporated into the making of a Will. There can be serious tax consequences if property is left under a Will and potential tax liabilities are not taken into account.

Enduring Powers of Attorney

If a person through illness or accident becomes incapable of making decisions in relation to themselves or their assets, then special protection is needed to ensure that their interest continue to be looked after.

An Enduring Power of Attorney allows you to appoint someone you trust and who you can rely on to take personal decisions on your behalf and act in accordance with your wishes. A normal power of attorney no longer has effect when a person becomes unable to look after themselves but the benefit of an Enduring Power of Attorney is that it is completed while you are still able to look after your affairs and covers the period when you are no longer able to do so. It only becomes legally effective in the event that your GP certifies that you are no longer able to manage your own property and affairs. Click here if you need more information concerning Enduring Power of Attorney.

Equity Release Schemes

Although property values have dropped dramatically in recent years, many elderly people live in properties no longer encumbered by a mortgage. There are equity release schemes in place which allow a lump sum to be paid to the property owner, which does not have to be repaid until after they die. This facility is often not as attractive as it sounds and you should take careful legal advice before making any such decision but the benefit is that it does mean that you can obtain a reasonably substantial lump sum immediately and it would not have to be repaid until after your death when hopefully your next of kin could look after the matter.

It’s an unfortunate fact that if an elderly person has to rely on a State pension, then their quality of life will be much reduced. An equity release scheme can provide a considerable degree of financial security.

Health and Personal Care Planning

We can advise concerning medical care directives, long term care plans and end of life decisions. This would mainly relate to wills and estate planning but can also deal with quality of life issues for the elderly.

Insurance and Financial Planning

It is very important to plan for retirement and we are happy to be able to recommend a number of independent financial advisors who can assist in relation to these issues.

FAQs

Q. How much does it cost to make a will?
A. We will charge €100 plus VAT to make a simple Will. If trusts are involved or if the will is more complicated then the fee can increase but we rarely charge more than €300 plus VAT to prepare a Will.

Q. What is the difference between an Enduring Power of Attorney and a Power of Attorney?
A. A Power of Attorney completed today will come into effect today provided you are able to look after your own affairs. An Enduring Power of Attorney will only come into effect once you are no longer able to look after your own affairs.

Q. If I suspect that an elderly relation is being abused, what can I do?
A. You can contact us at any time but it may be more appropriate to contact a healthcare professional and often the relative’s GP might be the best person to contact in the first instance. There is an entire section of the HSE dealing with matters of this nature and in extremely serious cases you can contact the gardai.