Power of Attorney

Buford T. Justice XIX

I came across this today and thought it should get a wider audience and maybe nudge a few of us to nominate someone to have the Power of Attorney in case of accident.

After falling through the roof of a shed, Donal Dempsey was told by the doctors that he was lucky as he could have died, or worse. The doctors figured that a fate worse than death was to be left with life-limiting brain injuries. Karen and Donal Dempsey spoke at the Positive Farmers Conference last week. They implored everyone to get an enduring power of attorney (EPOA). Donal has mostly recovered from his injuries, but if he didn’t, the operation of the farm would have been in limbo as Donal didn’t have an EPOA in place. Karen wouldn’t have any legal right to make decisions around what to do with land, or access to money, even though it was held in joint accounts. An EPOA is as important as a will.
It enables a person that you nominate to make decisions on your behalf, if you are unable to make them yourself.

https://www.farmersjournal.ie/dairy-management-grass-milking-parlours-and-power-of-attorney-435066

Nekarsulm

Can you nominate two people to hold EPOA?
If so, surely your spouse would be first choice, plus a trusted other.

Buford T. Justice XIX

Nekarsulm wrote: »

Can you nominate two people to hold EPOA?
If so, surely your spouse would be first choice, plus a trusted other.

I don't know, Nek. I only saw the article earlier today and must do a bit of looking into it.

Could there be problems if both disagree on how to carry out the instructions?

Nekarsulm

There probably could.
A farmer next door to me dropped dead of a heart attach, and his widow was left in an awful situation.
The herd number and bank account was in his name, so she could neither sell any animals nor access funds to buy feed etc, to say nothing about personal living expenses.
Not until the whole process of probate was concluded could she get the herd number into her name.
A lot of needless additional worry for someone who has lost their partner, and small children to care for.

orm0nd

I'm a nominated EPOA for my 96 year old aunt.



Sometimes after our "chat", I often wonder should it be other way round !!




(not mocking or making little of a very serious issue, just my personal scenario)

jntsnk

A great post.
How do you go about getting a power of attorney, as my dad is in his 80’s and would be concerned.

Base price

jntsnk wrote: »

A great post.
How do you go about getting a power of attorney, as my dad is in his 80’s and would be concerned.

http://www.citizensinformation.ie/en/death/before_a_death/power_of_attorney.html

wrangler

jntsnk wrote: »

A great post.
How do you go about getting a power of attorney, as my dad is in his 80’s and would be concerned.

I'd imagine that you be given POA as in the person would have to be in their full senses. It'd be no harm to discuss it with him, also to have your siblings with you round the table too

tricky D

Nekarsulm wrote: »

Can you nominate two people to hold EPOA?
If so, surely your spouse would be first choice, plus a trusted other.

Yes. Myself and 2 sisters had it for a parent.

blackbox

Nekarsulm wrote: »

There probably could.
A farmer next door to me dropped dead of a heart attach, and his widow was left in an awful situation.
The herd number and bank account was in his name, so she could neither sell any animals nor access funds to buy feed etc, to say nothing about personal living expenses.
Not until the whole process of probate was concluded could she get the herd number into her name.
A lot of needless additional worry for someone who has lost their partner, and small children to care for.

Would I be correct in thinking that these problems would not have arisen if the entire farm including herd were in joint names. I know that bank accounts in joint names go to the spouse immediately and don't have to wait for probate.

In the case of a death, I don't think power of attorney would have made any difference.

Nekarsulm

blackbox wrote: »

Would I be correct in thinking that these problems would not have arisen if the entire farm including herd were in joint names. I know that bank accounts in joint names go to the spouse immediately and don't have to wait for probate.

In the case of a death, I don't think power of attorney would have made any difference.

That was the nub of the problem.
Also, as the "farmer" was now dead, the Dept. stopped that years SFP etc.