Power of Attorney and Ward of Court Applications

McKenna & Co Solicitors are experts in the area of both a general and enduring power of attorney. There are essentially two powers an attorney can put in place.

The first is a general power of attorney. A general power of attorney is a legal device set up by a person called the donor, during his/her life when he/she is in good mental health. It allows another specially appointed person called the attorney, to take actions on the donor’s behalf if the donor is absent, abroad or incapacitated through illness. A general power of attorney is often used for the execution of contracts while the donor is abroad and unable to sign or for a specific purpose such as the operating of a bank account for a family member.

The second power is an enduring power of attorney. An enduring power of attorney is a power set up by a person called a donor when he/she is is in good mental health. It is important to bear in mind that an enduring power of attorney can only be brought into force if the donor becomes or is becoming mentally incapable. In this event, the attorney appointed by the donor can apply for the registration of the enduring power of attorney so that he may act on behalf of the donor.

It is wise to consider putting a power of attorney in place at the same time as your Will.

Thirdly, McKenna & Co also deal with ward of court applications, when a person is unable to manage their assets because of mental incapacity, an application can be made to the courts for them to become a ward of court. The court must make a decision as to whether they are capable of managing their own property for his or her own benefit and the benefit of his or her dependants. If it is decided that the person cannot manage their own property because of mental incapacity, a committee (generally, the person who brings the application) is appointed to control the assets on the ward’s behalf. McKenna & Co have years of experience in dealing with wardship applications and are aware of how sensitive and difficult it can be for people involved in such applications.

With a view to arranging a consultation with McKenna & Co Solicitors, you can contact us directly or in the alternative request a call back on our online form.

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