Planning Ahead
One of the first things we advise clients to do is to ensure that there is an Enduring Power of Attorney in place to cover even the possibility that someone in the family, say mum or dad, might have to go to a nursing home at some stage in their life and may need to avail of the Fair Deal Scheme. While on the topic of planning, we also strongly suggest that a Will is put in place if one has not already been drafted .
Why the need for an Enduring Power of Attorney?
As part of the application process under the Fair Deal Scheme, while a next of kin can apply on someone's behalf for the Fair Deal Scheme generally, only a very limited number of people can apply for the Ancillary State Support (i.e. optional loan from the Fair Deal) if it involves the mortgaging of a property.
In such a case, the applicant must sign this part of the application and if it's a couple, then both partners must sign. However, if either partner has reduced capacity to make decisions then only signing by one of the following parties on behalf of one of the partners will be accepted by the Fair Deal Scheme:
* A holder of a registered enduring power of attorney (chosen to act on behalf of another person);
* A care representative (a person appointed by the Circuit Court); or
* A Ward of Court (a person appointed by Office of Ward of Courts) .
Note: a registered enduring power of attorney needs to be in place before the applicant becomes unable to make decisions.
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