Ward of Court & The Assisted Decision-Making (Capacity) Act

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MrEarl

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Hello,

I was wondering if anyone could help with a bit of general guidance, with regards to the above, and specifically, a position that I'm in, please?

I'm the next of kin, to a parent who is in hospital, and suffering from early - mid stage dementia. Unfortunitely, the parent is no longer "compos mentis".

There is no power of attorney, and I think it's gone to late, to even explore going down that road.

What I'd like to do, is try and get my parent into full time care, via the Fair Deal Scheme. However, I believe that will necessitate getting a legal ruling (if that can be obtained).

I know that the traditional Ward of Court legislation is due to change, in approx 1 month, so am wondering how I navigate through the current situation, or if there may be a better way to achieve the same goal.

I know I'm going to need some formal legal assistance, but am hoping to get a bit of general guidance, along with any tips etc. in advance.

Thank you.
 
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Hi MrEarl,

Very sorry to hear that your parent is in hospital and obviously not well. Its a very stressful situation and I've been there twice so you have my sympathy.

Some avenues that you might be able to investigate to obtain guidance/help:

1. Social worker in the hospital (I found depending on personality, some are very helpful, but others not)
2. Paying a visit to local Citizens' Information or ringing them
3. Possibly ringing ALONE to see if they can help.

Hope things work out for you both and that you get a good nursing home to look after them.
 
I found the local office that issues the fair deal form very helpful too, nursing home support section. They are used to families ringing with queries that are possibly stressed out and unsure as it’s new knowledge to the families and it can be very overwhelming at times.
 
MrEarl said:
What I'd like to do, is try and get my parent into full time care, via the Fair Deal Scheme. However, I believe that will necessitate getting a legal ruling (if that can be obtained).
Click to expand...
Will your parent need to avail of the optional nursing home loan ?

If not, you as a specified person can apply on your parents behalf without any legal involvement.

Applying on behalf of someone else
If a person is unable to apply themselves, a specified person may apply on their behalf.
A specified person can be a:
  • care representative (a person appointed by Circuit Court)
  • Ward of Court (a person appointed by Office of Ward of Courts)
  • holder of a registered enduring power of attorney (chosen to act on behalf of another person)
  • spouse or partner
  • relative over 18 years of age
  • legal representative
  • registered medical professional, nurse or social worker

https://www2.hse.ie/services/schemes-allowances/fair-deal-scheme/application-process/

If the nursing home loan is being applied for, then legal involvement is necessary.
 
I am in the process of making an Enduring Power of Attorney. My solicitor is pushing me to get it done before the new system comes in on 26 April, he is telling me that it will cost more to go into the new system. Does anyone know what the new registration fees are going to be and will there be a fee to the DSS to monitor the enduring power of attorney while it is active. Is my solicator my friend or not?
 
The general view in legal circles, in the absence of any good specific information (very lacking right now) on the post 26th April situation, is that the current EPA situation is better all round for the Donor.

mf
 
expat said:
I am in the process of making an Enduring Power of Attorney. My solicitor is pushing me to get it done before the new system comes in on 26 April,...........is my solicator my friend or not?
Click to expand...

A healthy scepticism is a good thing to have. But this sounds like more. If you don't trust your solicitor, don't waste time on a blame game: find another solicitor .

I can assure you that existing solicitor would not especially want to keep you as a client if he felt you did not trust him.
 
mf1 said:
The general view in legal circles, in the absence of any good specific information (very lacking right now) on the post 26th April situation, is that the current EPA situation is better all round for the Donor.

mf
Click to expand...
I'm inclined to agree. Even reading the press release, three phrases jumped out at me that should ring alarm bells very loudly.

First we are told that the new system is "progressive". This is code in left-wing circles for vastly expanded state involvement, state expenditures and an implementing state infrastructure that will require increased tax revenue to support and nurture it. And we know how that usually works out.

Secondly, the system will be "rights based." The alarm bells are getting louder now. Whenever you hear an advocacy group or NGO call for a "rights-based" system, this is code for "we want the general public to give us lots of stuff but we know there's no popular support for this so let's get it enacted in legislation as a right and the Courts will give it to us instead."

Thirdly, and now the alarm bells reach fever pitch, are the ominous words "Roderic O'Gorman". Yes, he of the never ending ability to spend taxpayers money on his progressive, rights-based whims. Own door accomodation for all asylum claimants, genuine or bogus, remember that? And his wheeze to give "climate refugees" a rights-based invitation to migrate here. To own door accomodation, of course. There is truly no end to this man's talent at spending your money. Defund him now.
 
Right Winger said:
I'm inclined to agree. Even reading the press release, three phrases jumped out at me that should ring alarm bells very loudly.

First we are told that the new system is "progressive". This is code in left-wing circles for vastly expanded state involvement, state expenditures and an implementing state infrastructure that will require increased tax revenue to support and nurture it. And we know how that usually works out.

Secondly, the system will be "rights based." The alarm bells are getting louder now. Whenever you hear an advocacy group or NGO call for a "rights-based" system, this is code for "we want the general public to give us lots of stuff but we know there's no popular support for this so let's get it enacted in legislation as a right and the Courts will give it to us instead."

Thirdly, and now the alarm bells reach fever pitch, are the ominous words "Roderic O'Gorman". Yes, he of the never ending ability to spend taxpayers money on his progressive, rights-based whims. Own door accomodation for all asylum claimants, genuine or bogus, remember that? And his wheeze to give "climate refugees" a rights-based invitation to migrate here. To own door accomodation, of course. There is truly no end to this man's talent at spending your money. Defund him now.
Click to expand...
Thanks MF1 and Right Winger for your replies. I am going with the existing system. I did send an e-mail to Mr O'Gorman's office asking for clarification on charges within the new system but have not received a reply. If I do get a reply from him I will post it on here.
 
If you need to choose a solicitor, someone from here might be up-to-date on changes coming.

www.solicitorsfortheelderly.ie

Solicitors for the Elderly Ireland

improving the availability and delivery of specialist legal advice to older and vulnerable people, their families and carers. View the list of our members close to you to aid you with your legal needs.
www.solicitorsfortheelderly.ie www.solicitorsfortheelderly.ie
 
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