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Dementia/Enduring power of attorney

  • 28-10-2014 5:54pm
    #1
    miss choc
    Registered Users, Registered Users 2 Posts: 1,085 ✭✭✭


    Hopefully someone can help me here I want to set up an EPOA for my mother who has Dementia she lives with us in Dublin and has her own solicitor back home so noone set up here as of yet. I rang a random local solicitor and they said that she needs to go to a doctor first to agree that an EPOA is being done and she understands mentally what will happen. I booked an appt with the doctor for Thursday for Mam's general checkup and just mentioned to the receptionist that I want to get an EPOA done for Mam and could the doctor sort this out. She said she didnt know what document a doctor uses (I thought a dr just writes a letter out stamps it and gives it to me to give to solr) but receptionist said I need to get something in solr. Solr is saying I need to go to dr first confused who do I go to first and if its a dr what do they fill out a med cert, certain type of doc or write/stamp a letter. I have never dealt with this before


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The solicitor should really explain what is required to the doctor.

    Essentially, the EPOA will allow the person who is appointed attorney to look after the affairs and estate and to make personal care decisions for the person creating the EPOA (the donor), as soon as the donor becomes mentally incapable.

    The doctor should be satisfied that the donor has the mental capacity to enter into and create an EPOA.

    You could explain the situation to the solicitor and ask him to write to the doctor to explain what is required.


  • #3
    Deenie123
    Closed Accounts Posts: 481 ✭✭Deenie123


    Set one up a while ago for my grandmother and from memory, there was an appointment with the doctor where it was raised, so he knew what was coming and knew he'd be asked to certify that she knew that granting the enduring power of attorney would ultimately allow me to take decisions for her. Once he confirmed he would be willing to do that, we then set everything up with the solicitor and the solicitor sent a form to the doctor to attest that she was aware of what she was doing and could understand everything involved in it. He booked her in for an appointment, presumably discussed everything with her and was happy that she understood the process and what was involved, signed the form and sent it back to the solicitor.

    What made it easier was that my grandmother at the time was quite with it and she herself suggested getting en EPOA. I don't know how readily a doctor will sign off that someone who is already suffering from dementia is able to understand the powers that she's granting.


  • #4
    miss choc
    Registered Users, Registered Users 2 Posts: 1,085 ✭✭✭miss choc


    Thanks I have no solicitor in Dublin sorted yet trying to find a cheap one in D3/5 area her dr's appt is Thurs can I get her to have all the dr's stuff done then and when I get a solicitor I can get the dr to contact the solicitor in question.


  • #5
    Deenie123
    Closed Accounts Posts: 481 ✭✭Deenie123


    miss choc wrote: »
    Thanks I have no solicitor in Dublin sorted yet trying to find a cheap one in D3/5 area her dr's appt is Thurs can I get her to have all the dr's stuff done then and when I get a solicitor I can get the dr to contact the solicitor in question.


    You need to find a solicitor who will explain to you how they want it done. I imagine the solicitor will contact the doctor.


  • #6
    holly_johnson
    Registered Users, Registered Users 2 Posts: 2,136 ✭✭✭holly_johnson


    I recently went through this with my mother. She was too far gone with dementia to be able to sign an EPOA, as she couldn't understand what she was signing. As a result, I am in the process of getting her made a ward of court. A very expensive and lengthy procedure, but the only option open to me.

    In the meantime, Mam went into a nursing home last March. As she couldn't sign herself in, I had to go to the Circuit Court to be made a care representative in order to apply for the Fair Deal Scheme on her behalf. I did this myself without using a solicitor. It was difficult, but not impossible. Here's a link to the courts website with some info: http://www.courts.ie/Courts.ie/library3.nsf/16c93c36d3635d5180256e3f003a4580/e7064fe64632e0548025764700390a47?OpenDocument

    ETA: I totally forgot, but I also got an EPOA for my Dad (who is fine, no dementia). The solicitor required a medical report to be done on Dad, and he sent a letter to the doctor asking for it, with the medical report form. Here's a link to the FLAC with a helpful description of the EPOA: http://www.flac.ie/download/pdf/epa.pdf


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