Law Relating to the Elderly

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The law relating to the elderly is no different to the law as it applies to any other individual but there are sensitivities and urgencies which have to be addressed and dealt with as a persons legal needs and requirements change. Justin Hughes Solicitors can assist you with any of the following matters in a sensitive and timely manner, providing clear and practical advice which will assist you or a family member/friend make the correct decisions and complete the necessary documentation that will be of assistance in later years.


The most common issues discussed in this practice area are set out below. Please contact Justin Hughes Solicitors to discuss these or any other issues that you may have or may be considering and we will be happy to discuss with you how we or some other forum or association may assist you:




It is very important that all persons make Wills to provide direction and instructions for your assets and dependants. We make the process of creating a Will a straight-forward and simple, and can assure you that your Will is created in confidence and with very clear language, ensuring that it covers all proper arrangements necessary for your property, family and all other considerations.


Justin Hughes Solicitors have substantial experience in the area of drafting and creating Wills, and you will be provided with an individually tailored service to plan your wishes, instructions and affairs, with all matters discussed in an easy, understandable manner, avoiding legal terminology unless necessary. We are highly experienced in the field of succession planning and can advise you on all aspects of drafting and structuring your Will.


We are sensitive to the needs and circumstances of our clients including potential hearing and visual difficulties and take this into account when communicating with you or your family members. Furthermore, and where necessary, we will offer home and hospital visits as an alternative to a visit to the office.




In Ireland if a person is mentally incapacitated (for example, because of illness or disability) all of their assets and property will generally be frozen and cannot be used by any persons unless they are jointly owned or someone has Enduring Power of Attorney to deal with the property or money. In this regard Enduring Power of Attorney documents are important and can be necessary,


An Enduring Power of Attorney is a legal document/device that is prepared by a person (known as the Donor) during his or her life, and with the assistance of a Solicitor, allowing them to specifically appoint another person that they trust and can depend on (known as the Attorney) to take actions on the Donor’s behalf, and follow certain instructions, if he or she is incapacitated through illness, disability or mental incapacity. The Enduring Power of Attorney will be discussed with you or your family member in simple terminology and can be made efficiently and without complication.


Justin Hughes Solicitors can assist you and your family with the preparation, creation and registration of Enduring Power of Attorneys.




In the absence of an Enduring Power of Attorney, as discussed above, when a person is of unsound mind and unable to manage their assets or affairs because of a mental incapacity an application may be made to the High Court to have that person made a Ward of Court. If the Judge decides that they are incapable of managing their own assets or affairs the person is taken into wardship and a third party, known as a Committee is appointed. The purpose of the Committee is to control the Wards property and make decisions in relation to them, and on behalf of the Ward, with the assistance and approval of the High Court.


Justin Hughes Solicitors have extensive experience and specialist knowledge of assisting clients and their families with Ward of Court applications through the High Court including corresponding with doctors, the preparation and filing of the necessary documentation and attendance at the High Court for the Ward of Court application.




The Nursing Home Support Scheme Act 2009 makes provision for a system of financial support from the HSE for those in need of long term residential care. Where a person does not have full mental capacity to make the decisions and complete the paperwork and documentation necessary for the Nursing Home Support Scheme application then another person, known as a “Care Representative” is appointed by the Circuit Court on their behalf, to make the application.


Justin Hughes Solicitors have vast experience and knowledge of assisting clients and their families with Care Representative applications through the Circuit Court and we will guide you through the process, prepare and file the necessary documentation and attend at the Circuit Court with the Care Representative to deal with the Court application. We can also assist you with any questions and queries you have in relation to the family home or other property, the subject of the application.


Justin Hughes Solicitors are happy to assist clients and their families with any issues that arise, even if you do not see the specific issue set out above. Please contact us as soon as possible to discuss any such matters, as our experience in these areas has shown us that the sooner a person makes contact with us the more assistance we can lend to them and their family members.



(*) In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement