Kavanagh & Co Solicitors, with offices at The Square, Tullow, Co. Carlow, have extensive experience in the area of Enduring Power of Attorney and Wardship Applications.

Our Power of Attorney Services include: -

  • General Powers of Attorney
  • Specific Powers of Attorney
  • Enduring Powers of Attorney
  • Registering Power of Attorneys
  • Advise of the donors of powers of attorneys and their legal rights
  • Liaison with medical practitioners in the preparation of a Power of Attorney

Our Power of Wardship Services include: -

  • Advising on the legal situation
  • Outlining the steps to be taken
  • Preparing all necessary papers and conducting ongoing correspondence with the Wards of Court office 

Enduring Power of Attorney - v - Warship Explained

Who will make decisions for me if I become mentally incapable?

Decide who you want to make decisions if you become mentally incapable.

Decide what decisions the appointed person can make on your behalf. You can limit this to personal care decisions and/or limit the control your appointed person has over your assets.

How do I appoint this person?

You set up an “Enduring Power of Attorney”. This is a legal device that allows another specially appointed person to take actions on your behalf which only has legal effect if you become or are becoming mentally incapable and once registered with the High Court after all the legal requirements are fulfilled. You can appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend, colleague, etc.

What happens if I don't set up and Enduring Power of Attorney? 

You may be made a “Ward of Court”. Wardship can be impersonal and someone you do not know may be empowered to make decision on your behalf regarding your care and your assets.

To be made a Ward of Court the President of the High Court must be satisfied, on the basis of the medical evidence available, that you are of unsound mind and are incapable of managing your affairs.

A Committee will be appointed to act on your behalf. The Committee can be family or the person who made the Wardship application. Where there is no suitable relative or where there is disagreement among your relatives about how your affairs should be managed, the court may appoint the General Solicitor for Minors and Wards of Court to act as The Committee.

The Committee can only do what the court authorises them to do e.g. selling your house, renting your house or lands, insuring property or collecting your pension. The Committee must retain full books of account.

Advantages of having an “Enduring Powers of Attorney” document

• You have control as you make decisions when you have capacity
• You get to select the person you want to make decisions when you are mentally incapable
• You decide what decisions your appointed person, the attorney, can make
• Making and registering an “Enduring Power of Attorney” is cheaper than Wardship
• No annual fee with “Enduring Power of Attorney”
• Most importantly, use your voice and make decisions while you can

To discuss any aspect of our Enduring Power of Attorney and Wardship Applications, or to speak with one of our experienced solicitors, please contact us, please contact us