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POA over my dads affairs and will provisions

  • 18-09-2017 8:57am
    #1
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭


    I intend to ask the solicitor but wanted to get opinions here too

    I'm in process of getting a 12 month general POA from my dad. The solicitor advised me to use that time to try and put my dads financial affairs in order.

    At a guess beneficiaries of his Will will have a large CAT tax exposure. I'd like to plan his financial affairs as tax efficiently as possible. My long winded question is with the general POA am I entitled to see his Will so that I then know what his ultimate plan is for his assets and I can then organise these accordingly?

    Related to that does the POA allow me to make provisions in his will.

    Thanks for your advise.


Comments

  • Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    As regards seeing what is in his will, if your father is sufficiently mentally together to grant you a power of attorney, he is also sufficiently mentally together to show you his will, or to instruct his solicitor to do so. So I'd raise this with him now.

    The POA does not allow you to alter his will though, again, assuming he's well enough he can of course do so himself.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    I think you misunderstand the nature of a POA

    It is a legal right to administer their affairs while they are alive. Not write their will or rewrite their will.

    If they have made a will then it will stand as is.


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