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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Dear Sir/Madam, My father has been incapable of handling

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Dear Sir/Madam,
My father has been incapable of handling his own affairs for the last 4 years as he has severe dementia. My mother is next of kin, however my sister took over the handling of his bank, without any prior notification or consent,having all his bank documents and card sent to her address. No one gave consent nor did he, my mother being a full time career is unable to get into town as she does not drive and is 83. sUddenly a solicitor four years after has turned up,as stated by my sister who received the call and said that all bank letters and documentation was to go straight to him. No evidence was produced as to my father having said this. My sister does not live with my mother nor does she fully cooperate or show my mother any statements or any thing,she even has possession of the card,nor does any one know how there was a transfer of address for the documents.
What is the situation in terms of this mysterious solicitor and two, my sister and the accounts.
Thanks Bernard Dunne

Buachaill :

1. Dear Bernard, this is all most unusual. Essentially, for this solicitor or your sister to have authority to act in relation to your father's affairs he would have had to make an Enduring Power of Attorney during his lifetime which covered the situation when he lost mental capacity. Otherwise, no one else has power to act in his affairs whilst he has dementia. As I gather from what you say, your father did not make such arrangements whilst he was of full mind and before he got dementia. Accordingly, unless your sister or this solicitor produce an Enduring POwer of Attorney which gives power over your father's affairs whilst he is alive, they have no ability to touch his bank accounts. The only other possibility is that your father was made a WArd of Court unbeknownst to you. However, there is a requirement when made a Ward of Court that all members of the family be informed. Accordingly, my first impression is that both your sister and this solicitor are here acting unlawfully in what they are doing. I would advise you to make further inquiries.

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