There are many issues that you may need to address regarding an elderly family member, David Russell & Co are based in Bangor and are fully equipped to give expert advice tailored to your individual situation.
There are 2 types of Attorneyship - a general or an enduring power of attorney.
A General Power of Attorney can be made by a person to allow someone to act on his/her behalf in certain circumstances such as selling their house while they are in hospital or abroad. A person can revoke their Power of Attorney or it may automatically come to an end if the author becomes mentally incapable.
An Enduring Power of Attorney when signed by a person can act as a General Power of Attorney but has the added advantage of continuing to be valid even when the author has become mentally incapable. The only provision for this is that the person’s Attorney or Attorneys MUST register the Enduring Power of Attorney in the High Court, Belfast on the author becoming mentally incapable. In the Enduring Power of Attorney the author can put in a restriction that it only comes into effect once they become mentally incapable.
We would advise people making wills at a later stage in their lives to also consider making these Enduring Powers of Attorney. This avoids difficulties with Banks and financial institutions at a time when you are unable to deal with your affairs. It also is a cheaper and quicker process than your family having to apply to the High Court for what is known as Controllership to be able to manage your affairs.
Anyone concerned about moving into a Nursing Home or Residential Care can arrange to speak to us to discuss matters such as:
When is a home disregarded by a Health Trust or the DSS in assessing eligibility for benefits?
If a house is transferred to a child or children what protection can be given to parents?
How is the family home treated if is it held jointly between parents and children?
What is the position of one spouse has to go into a Nursing or Residential Home leaving the other in the family home?
For advice on a wide range of issues concerning care of the elderly, contact David Russell & Co today.