Appointment of a Care Representative

Payton

My dad is going into a nursing home and we have been sent the forms for our sister to be appointed care representative which we all agree with, can these forms be signed/witnessed by a commissioner of oaths or a solicitor...or both?

holly_johnson

I went through this process last year for my mother 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/libra...7?OpenDocument

I got a solicitor to witness the letters from my father and siblings and the application form for €10. Most people are very understanding when you're going through this process and don't charge much, if anything at all. I got the house valued for free etc.

By the way, you only need to have a care representative if you're applying for the Fair Deal Scheme, you're including the house in the assets and the house is in your parent's name. You don't have to do this, but the monthly payments to the HSE would be higher.

Payton

We are going through the Fair Deal Scheme, we have gotten the house valued for free. The social worker in the hospital has given us the forms. I was just wondering why 1 form has to be signed by a solicitor and the other by a commissioner of oaths?

holly_johnson

Like I said, I didn't involve the family solicitor at all when doing the care representative, the one solicitor stamped & witnessed everything. Most solicitors are also commissioners for oaths. I'm not sure which particular form you're concerned about?

Payton

The forms are "Form 1 Application for appointment of a care representative" must be signed by a solicitor...and "Form 2 Affidavit in support of application for appointment of a care representative" must be signed by a commissioner of oaths.

Pat Mustard

The Form 3 Affidavit in Support of Application for Appointment of a Care Representative can be taken by a commissioner for oaths or a practising solicitor.

This is the jurat (the swearing part of the Affidavit):

SWORN this day of 20
at………………………………………………
…………………………………………………
…………………………………………………
*[ and I know the Deponent]
*[the deponent having been identified to me by
…………………………………….,
who is personally known to me]
Signed……………………………..
*Commissioner for Oaths *Solicitor

If a practising solicitor takes the affidavit and if he is not also a commissioner for oaths, the reference to the commissioner for oaths will be struck out.

Only some solicitors are also commissioners for oaths. However, practising solicitors are entitled to take oaths and statutory declarations.

Payton

So a commissioner of oaths can sign both?

Pat Mustard

Payton wrote: »

So a commissioner of oaths can sign both?

No.

The form 1 is not an affidavit. It is an application, which may be signed by the applicant or the solicitor acting on his behalf. I gather from what you write that you are making your own application, without a solicitor acting on your behalf.

The form 3 may be taken by an independent solicitor or commissioner for oaths.

So if somebody is acting on their own behalf, they might make their own application but they may have their affidavits sworn in front of a practising solicitor or commissioner for oaths.

Payton

Yes we are making our own application, the social worker done all the paperwork.

jbjude

Under the Fair Deal Scheme , does anyone know the approx cost (if any) involved for getting appointed as the Care Representative.

Payton

jbjude wrote: »

Under the Fair Deal Scheme , does anyone know the approx cost (if any) involved for getting appointed as the Care Representative.

The only cost to be appointed care representative is a fee to get forms stamped by a solicitor it cost my sister 20 Euro

derra

Digging up an old thread but content in it so far is very useful and relevant to what i want to ask.

I am currently in the process of doing this and i handed in my application to the court and this morning i received a reply from the court along with Form 1 which has a date and time on it.

A note is asking ''Can i do an affidavit of service after i have served and return it to us''

So, do i need to write my own statement swearing that i served my Da?
Also, would that statement need to be stamped by a solicitor?

The solicitor that signed the application already was generous enough to do it for nothing and i don't really want to go back again and ask to sign another.

I thought i just had to turn up and swear to Judge that i served my Da.