Power of Attorney.

byhookorbycrook

For "ordinary" power of attorney, is it just a case of a person signing a piece of paper to say "I give POA to x to look after my affairs" dated and witnessed?

Ken.

A lot of info here http://www.citizensinformation.ie/en/death/before_a_death/power_of_attorney.html

byhookorbycrook

Thanks, Ken, I read that and am wondering if my post above is accurately summarizing that, as I won't have time to get to a solicitor as immediate action is needed (i.e. in the morning)

Pro Hoc Vice

byhookorbycrook wrote: »

Thanks, Ken, I read that and am wondering if my post above is accurately summarizing that, as I won't have time to get to a solicitor as immediate action is needed (i.e. in the morning)

To give a person such an open ended power with out legal advice would be fool hardy in the extreme. Any person embarking on such a course of action without the necessary professional advice would be taking a serious risk.

byhookorbycrook

I take your point ,but unfortunately , the person who would be giving the power needs to do so to prevent financial ruin and being in an accommodation limbo. The power would be to a family member who has proved themselves trustworthy and would be anxious to protect the power-giver.

It's not ideal, by any means, but my question is, is the process I have outlined legal? (If not ,as a general rule , what would normally be suggested as a "good idea")

Pro Hoc Vice

byhookorbycrook wrote: »

I take your point ,but unfortunately , the person who would be giving the power needs to do so to prevent financial ruin and being in an accommodation limbo. The power would be to a family member who has proved themselves trustworthy and would be anxious to protect the power-giver.

It's not ideal, by any means, but my question is, is the process I have outlined legal? (If not ,as a general rule , what would normally be suggested as a "good idea")

The process may or may not conform to the legislation, only a solicitor could answer. If the matter is so drastic and urgent a solicitor can advise at a persons home. There are over 10,000 solicitors in the country I would bet at least one of them will be able to give an hour or two of their time in the morning. A badly drafted power could cost a multiple of what a good solicitor would charge. A solicitor also has insurance if its wrong there is a insurance policy to fix the problem.

jhcristy

No legality in what you have put forward power of attorney is based on a legal framework subject to legal scrutiny by the High Court if the name Catherine O'Brien raises here run a mile.

To impart POE invested in anyone such investment will be tested as the person who wishes to invest such an auhtority on anyone must notify notice parties in writing of their intention to do so.

byhookorbycrook

jhcristy wrote: »

To impart POE invested in anyone such investment will be tested as the person who wishes to invest such an auhtority on anyone must notify notice parties in writing of their intention to do so.

Ok, can I have this bit explained a bit please?

jhcristy

Okay the reference to Catherine O'Brien refers to a famous fraudster who some years back with the aid of a rogue solicitor in Waterford thought that they had a good thing in getting isolated and vulnerable individuals to enter into contracts of Power of Attorney invested not to themselves but to others, usually well intentioned but lacking a thorough knowledge of the law regarding POA they would then empty the coffers of the accounts of the investing individual leaving the attorney to face the wrath of the President of the High Court who is the officer who oversees Wards of Court and Power of Attorney matters from Phoenix House here in Dublin. You must therefore take it that there is no diffrence between a Ward of the High Court and an individual who has signed into a contract of Power of Attorney. Let me put it another way, when you take on the role of attorney in a Power of Attorney you are taking on the responsibility of getting a new baby with the president of the High Court looking over your shoulder at every diaper change. A Power of Attorney contract is entered into usually years ahead of it's invokation within twenty eight days of ou wish to enter into the contract the person who wishes to enter into this "living will" contract must serve notice on interested parties, at least two or if there are children every one of them and anyone dependent on them, next of kin is a must as a notice party. Any one of these notice parties then can object or must indicate that they have no objection to this contract. Years later when the investing authority the granting attorney (the person you are now trying to get power of attorney over) becomes incapacited this contract is invoked. Based on your posts this is a "now urgent" matter gaining a power of atttorney over any citizen is most certainly not the road that you wish to follow. It is so far removed from your description of "sign a piece of paper" and I have only outlined the very basic rudiments here. POA is not an answer to any urgent crisis I assure you.

byhookorbycrook

Glad to say all is in hand, solicitor didn't go on hols after all and has sorted things. Thanks to all for your help.