Public awareness been raised on the sensitive issue of Dementia in recent times. Posters have been placed on buses and at bus stops across the country bringing awareness of same. The Irish Times recently reported that Dr Catriona Crowe, a consultant in old age psychiatry, predicted trebling in the number of sufferers over the next 25 years. Dr Crowe stated that the number was expected to increase from the current number of 48,000 to 96,000 in 2031 and more than 140,000 by 2041 if a cure is not found in the meantime. These figures are humbling to say the least.

This extremely difficult and upsetting time puts family members and friends in a state of limbo. Whilst dealing with this heart breaking disease, they have the further burden of how that person’s affairs are to be dealt with and this may cause strife between family members and friends.

To avoid these difficulties, Brophy Solicitors recommends that people complete an Enduring Power of Attorney. An EPA is a legal document by which one person, the donor, states that another person, the attorney, will have power to act on the donor’s behalf if they at a later stage become mentally incapacitated. It is important to note that the EPA only takes effect if and when the donor becomes mentally incapacitated. If an EPA has not been completed then the family may have to apply to the Courts to make the sufferer a Ward of Court. This is a lengthy and expensive process which we recommend our clients to avoid if at all possible.

The donor can choose one or multiple attorneys for their EPA. If the donor so chooses to nominate more than one attorney, than they will also have to decide if the attorneys will act jointly (that is, they must all act together and cannot act separately), or jointly and severally (that is, they can all act together but they can also act separately if they wish). It is also entirely up to the donor on how much power they would like given to their appointed attorneys. For example; where they should live, with whom they should live, whom they should see and not see, what training, rehabilitation and medical treatment they should get, their diet and dress, inspection of their personal papers and housing, social services and other benefits for them. An EPA also has provisions to allow the donor’s instructions on birthday and anniversary presents to be bought for on their behalf and donations to charities to be continued on through their lifetime. It is important to note that this will also depend on the financial situation of the donor. The attorneys must always act in the best interests of the donor.

The two important aspects of an EPA is that both a doctor and a solicitor must sign off on same to state that they are happy that the donor is fully aware of the contents of the binding legal document that is an EPA and the power that it confers to their attorney. Once the EPA has been executed, the solicitor must notify the notice parties which were included on the EPA to confirm same has been executed. If the donor has a spouse, then the spouse must be used as one of the notice parties. Once the donor loses their mental capacity, the solicitor will then apply to the Ward of Court office in the High Court to register the EPA.

Here at Brophy Solicitors, we understand that it is difficult for family members and friends having to deal with a loved one’s affairs if there is no clarity on same. An EPA will take this burden off their shoulders. If you are interested in speaking to a solicitor on completing an EPA, please do not hesitate to contact our office and we will be happy to talk further on this legal instrument. Our price for drafting and executing EPAs start from €900 plus VAT.

Ciara Redmond