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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13381
Experience:  Barrister 17 years experience
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My elderly mother is in need of full time care and has

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my elderly mother is in need of full time care and has senile dementia, she lives with my sister who takes very good care of her, how does my sister get power of attorney over her
JA: Can you tell me where this is? And just to clarify, what paperwork has been filed?
Customer: they live in cavan, my dad who also lived there passed away recently
JA: Has anything been filed or reported?
Customer: I;m sorry, do you mean like death cert?
JA: Is there anything else the Expert should know before I connect you? Rest assured that they'll be able to help you.
Customer: well, my dad had been caring for my mother in their home until he too took ill and they both went to stay with my sis.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  I regret to say that once your mother has senile dementia, then she lacks the legal capacity to make a Power of Attorney.  So, your sister will not be able to get a Power of Attorney over her.  Instead, your sister would have to apply to have your mother made a Ward of Court, whereby a Committee would be appointed to administer your Mum´s affairs and to make provision out of her assets for her care.  Here, you should see a solicitor because a Ward of Court application to the High Court would need to be made in respect of your mother, for her to be made a Ward of Court.  Normally two to three people would be appointed as your mother´s committee and they would then be empowered to make decisions in respect of her, to manage your Mum´s assets and to provide for her care.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 15 days ago.
Thanks for the reply, it all sounds very involved, wish there was an easier way.

3.  I realise the law in this area is quite complex.  However, I regret to say that the alternative would have been to have arranged an Enduring Power of Attorney before your mother lost her mind.  Once she has dementia, there is no alternative to a Wardship application.