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Power of Attorney.

  • 15-11-2020 10:13am
    #1
    Sir Galahad
    Registered Users, Registered Users 2 Posts: 765 ✭✭✭


    My friend had power of attorney for his elderly aunt. Sadly my friend has died and I’m wondering what happens now ? The aunt is in her 90’s and is unlikely to pass a competency test for appointing a new person. Any thoughts from a “learned friend” please ?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Sir Galahad wrote: »
    My friend had power of attorney for his elderly aunt. Sadly my friend has died and I’m wondering what happens now ? The aunt is in her 90’s and is unlikely to pass a competency test for appointing a new person.
    Does anyone else have power of attorney for the aunt? Ward of court may be an option. In the short term, is there someone that can assist in her afairs?
    Any thoughts from a “learned friend” please ?
    “learned friend” is an insult, suggesting the other person isn't, in fact, as “learned" as they think.

    Mod
    "learned" is often a joke but hardly an insult


  • #3
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,643 ✭✭✭✭ohnonotgmail


    If your friend was the only attorney appointed under the power of attorney then there is no longer anybody with power of attorney for the aunt. if she is no longer capable of appointing another attorney then being made Ward of Court is probably the only option.


  • #4
    Sir Galahad
    Registered Users, Registered Users 2 Posts: 765 ✭✭✭Sir Galahad


    Victor wrote: »
    Does anyone else have power of attorney for the aunt? Ward of court may be an option. In the short term, is there someone that can assist in her afairs?

    “learned friend” is an insult, suggesting the other person isn't, in fact, as “learned" as they think.

    Mod
    "learned" is often a joke but hardly an insult

    The aunt is 93 and has a very fit and able 91 year old sister that can manage the bank and bills etc.

    Victor, are you in the legal profession ?


  • #5
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    Sir Galahad wrote: »
    The aunt is 93 and has a very fit and able 91 year old sister that can manage the bank and bills etc.

    Victor, are you in the legal profession ?

    What matters is if your aunt has the mental capacity to give power of attorney.. if she has dementia or the like it might not be possible


  • #6
    Sir Galahad
    Registered Users, Registered Users 2 Posts: 765 ✭✭✭Sir Galahad


    whippet wrote: »
    What matters is if your aunt has the mental capacity to give power of attorney.. if she has dementia or the like it might not be possible

    Sadly the aunt won’t pass a medical check to see if she’s compus mentus so it looks like her sister will have to look after her and hope it doesn’t get complicated.


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  • #7
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    Sir Galahad wrote: »
    Sadly the aunt won’t pass a medical check to see if she’s compus mentus so it looks like her sister will have to look after her and hope it doesn’t get complicated.

    In practice this is what happens however legally she has no authority to make any decisions or spend any of the persons money ....


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