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power of attorney

  • 27-07-2011 12:40pm
    #1
    cln
    Closed Accounts Posts: 2 ✭


    Hi all. my parents are finalising thier matters as regards wills and division on property etc ., all has been agreed with all family members and there is no disagreements whatsoever. however as the one recieving the farm(land) im concerned about the legalities should my parents become legally incapable(thru dementia etc). is there a standard legal document my parents can sign to allow me power to sign documents (eg, should i need to sell a field for their medical epenses) and control of their pensions etc should a doctor certify that their mental capacity is deminished. other siblings live away from home so its assumed i would do this but i want to clarify the situation. im thinking of getting an independant solicitor to draw up the document for submission to my parents solicitor. has anyone knowledge of this kind of situation /
    many thanks


Comments

  • #2
    ComfyKnickers
    Registered Users, Registered Users 2 Posts: 353 ✭✭ComfyKnickers


    Hi there, what your parents need to complete is called an Enduring Power of Attorney (EPA), it's a document completed by them while they are still of sound mind. This document chooses two people to be their "Attorneys" under the EPA should their lose capacity in later years. There are also two separate "Notice Parties" chosen who are notified as soon as the EPA is activated - this is to avoid any undue pressure by the Attorneys to force their parents or whoever makes the EPA to hand over control to them. It is actually an incredibly important document as we are all aware of making a Will during our life but obviously this only deals with issues after our death, the EPA ensures that our affairs are dealt with in a manner that is acceptable to us, while we are still alive but unfortunately, have diminished legal capacity.

    Most solicitors will be able to draft this EPA for your parents.

    I hope this helps.


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