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.
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 Assisted Decision-Making (Capacity) Act 2015 changed the law that governs the creation and monitoring of an Enduring Power of Attorney.
An Enduring Power of Attorney made before 26 April 2023 only takes effect if registered with the Office of the Ward of Courts. An Attorney can register the Enduring Power of Attorney when the Donor is medically certified as incapable of managing their affairs.
An Enduring Power of Attorney is made through the Decision Support Services since the 26th April 2023, and it must be registered with the Decision Support Service within 3 months of being made. The Decision Support Service must also be notified when the Donor lacks capacity. The Decision Support Service then supervises and monitors the Enduring Power of Attorney to make sure that the Donor’s interests are protected.
Justin Hughes Solicitors can assist you and your family with Enduring Power of Attorneys.
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.
