Care of the Elderly & Vulnerable

 

People are living longer in Ireland and this can cause problems where a person develops a disease such as dementia or Alzheimer’s disease and is unable to care for themselves and/or their property.

People can become capacitated due to illness or injury such as stroke, brain haemorrhage, and catastrophic injury.

 

In the event that a person cannot look after their own affairs or themselves it is important to have put in place an Enduring Power of Attorney.

An Enduring Power of Attorney allows the Attorney to decide where the dependant person should live, who they should live with and look after their assets and property for the benefit of the dependant/incapacitated person. An Enduring Power of Attorney is envoked only when a Doctor certifies that a person has become dependant/incapacitated and cannot look after their affairs. The Enduring Power of Attorney requires notification to two people who cannot be the Attorney to protect the interest of the person who executed the Enduring Power of Attorney.

 

An Attorney can have power over all the assets of the dependant/incapacitated person or the family home of that person can be excluded.

 

Elderly and dependant people must be protected from bullying/undue influence and we can advise as to what constitutes reckless, neglect, malice, oppression and breach of statutory duty.