Irwin Solicitors
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Rise in demenita cases

There are around 4,000 new cases of dementia in Ireland each year.

This is a very significant number however this figure is expected to treble over the next 30 years. The report states that about 41,000 Irish people have dementia but that this could rise to 147,000 by 2041. The report also says that Irish GP’s have difficultly diagnosing the illness and would welcome more training and resources. The report estimates that the annual cost as a result of dementia in Ireland is around €1.7 billon.

What happens if someone becomes incapable of managing their affairs because of dementia or another mental illness?


As this report suggests, this is unfortunately very common. If someone becomes incapable of managing their affairs due dementia or another mental illness, generally they will not be able to live an independent life or manage their bank account. This could have very serious consequences if you were self employed, who would manage your business if you were the only one with authority for the company bank account?

In this situation, the person to have to be made a Ward of Court and usually this application is made by a family member on this person behalf. An application must be made to the High Court. As with any High Court application, it can be an expensive and time consuming process. The High Court will decide who is appointed to manage the affairs of the person with dementia or another mental illness. The appointed person has a number of responsibilities such as reporting on a regular basis to the Wards of Court office regarding the financial affairs of the Ward. There is also an annual levy on the Wards income payable to the Wards of Court office.

How can someone decide who will manage their affairs if they become incapable of managing their affairs due to a mental illness?


A person can sign a document called an Enduring Power of Attorney where they appoint someone to manage their affairs if they become incapable of managing their affairs due to a mental illness. This is a different document to a Power of Attorney and it is more complex. An Enduring Power of Attorney must be signed when the person signing is compos mentis (not of unsound mind). In this document, you can appoint a family member or friend to look after you and your affairs.

The advantage of signing an Enduring Power of Attorney is that you, not the High Court, decide who manages your affairs. It gives piece of mind not only to you but also to your family. Another advantage is that there is no annual levy payable to Wards of Court office. This document only takes effect when it is registered; it has no legal standing until then.

Please contact us on 01-2849034 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have any further questions and we would be delighted to answer them.

Read 86 times Last modified on Wednesday, 18 January 2012 18:41

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