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(Office is directly across the road from the Lidl supermarket in the centre of Terenure village.)
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David R Fowler Solicitors
We are a newly established firm of Solicitors and deeply passionate about what we do and the services we provide, to you, our client.
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David R Fowler Solicitors act for private clients in residential property matters & for business clients in all aspects of commercial property transactions.
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Enduring Power of Attorney
What is An Enduring Power of Attorney (EPA)?
An EPA is a document in which you appoint one or more persons to look after your affairs in the event that you are incapable of managing your own affairs at some point in the future.
Your capacity to manage your affairs at that future date will be decided by your Doctor.
An EPA can only be put in place if you are certified by your Doctor as having the mental capacity to execute the EPA. It does not take effect until after you become incapable of managing your affairs.
EPAs are governed by statute and regulations as follows:
The Powers of Attorney Act, 1996
www.irishstatutebook.ie/eli/1996/act/12/enacted/en/html
The Enduring Powers of Attorney Regulations, 1996 (SI 196/1996)
http://www.irishstatutebook.ie/eli/1996/si/196/made/en/print
SI No. 287/1996
http://www.irishstatutebook.ie/eli/1996/si/287/made/en/print
Why bother?
Whilst one would hope the need will not arise, an EPA is a prudent and sensible precaution to put in place to cover the eventuality that you could become incapacitated at some time in the future and are unable to manage your affairs. An EPA enables you to:
appoint a person or persons of your own choosing to act on your behalf when you become incapacitated;
it reduces the stress on your close ones at a very difficult time
it reduces the scope for disputes and rows in relation to your assets and decision to be made for your care decisions.
it can avoid the costs of having to be made a Ward of Court.
An EPA can be executed by anyone over the age of 18 and it does notonly apply for elderly persons. We strongly recommend to all our clients that they execute an EPA in conjunction with their Wills.
What does it cover?
The EPA permits, at your option, your chosen person(s) as your Attorney to manage:
- your financial and property affairs; or
- your health and personal affairs; or
- all of your affairs (financial, property, health & personal)
Your Attorney under your EPA can be given as much or a little power as you choose.
It can cover decisions on being incapacitated, including where you live, nursing home care choices, purchase or sale of accommodation, dealing with bank accounts, and making decisions for medical care and procedures.
How to set up an EPA?
If you wish to set up an EPA, please contact the following Solicitors at our office:
Maureen O’Meara
Tel 353-1-4055002 Email: maureen.omeara@davidrfowler.com
Mark Ronayne
Tel 353-1-4900020 Email: mark.ronayne@davidrfowler.com
Maureen or Mark will meet with you by appointment and guide you through the process and information needed to draft the EPA and other forms to create your EPA. Maureen or Mark will outline to you the costs involved in putting the EPA in place.
Things you need to consider for setting up an EPA?
You need to consider the following:
Choosing the Attorney(s):
You need to pick one Attorney or more. An Attorney can be any person you choose e.g. a family member, a friend, accountant. We recommend at least two Attorneys just in case one dies or is unable to act so that your remaining Attorney can act. You should ensure that you have confidence and trust in any Attorney you decide to close as they will take over the entirety of your assets and your affairs when you become incapacitated. You should also consider whether the person you nominate has the capacity to manage your affairs in a proper and business- like manner as well as the necessary skills to manage your affairs. This depends on what is involved. If you hold a large amount of bonds, shares, securities or investment properties you need to consider whether your Attorney has the skills needed to deal in those type of assets. Once you have chosen an Attorney you wish to act, you will need to contact them before making the EPA to ensure that they are willing to act.
Choosing the Notice Parties:
Two persons will need to be chosen by you (other than the attorney/s that you appoint) to be served with formal notice of the fact that you have created an EPA. They will also be notified again in due course if the EPA is to be acted upon and to be registered in the High Court Central Office. Your Notice party must be (a) your spouse or civil partner (if living with you and is not your Attorney) or (b) your child. If neither exits, then your Notice Parties must be relatives – a parent, brother, sister, grandchild, widow/widower/surviving civil partner of child, nephew or niece.
Once we have your detailed instructions, we will prepare the draft EPA and arrange an appointment for you and your nominated Attorney(s) to meet with us. We will meet with you to review the EPA and have it signed and then send have your GP certify your capacity and serve the necessary notices to your notice parties. We will then store the EPA so that it is available should it be needed at any time in the future
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What our Clients Say
"Dear David, Many thanks for your expertise, helpfulness and on the excellent service from your staff that we received on all our dealings buying our first home. We have no hesitation in referring your office and services to our family, friends and business aquaintances alike and have done so already. With much appreciation for all the help we h..."
Vanessa Ryan (nee Lewis)The Firm
We are a very experienced firm of Solicitors and deeply passionate about what we do and the services we provide, to you, our client. We pride ourselves in achieving the very best for our clients, delivered through our commitment, expertise & honesty.