Who can apply to be a care representative?+
The nearest next of kin (spouse, child etc.) are the first entitled to apply to be appointed as a care representative. In the event that you are not the nearest next of kin you can still apply but must notify the nearest next of kin of the application. Alternatively, you could obtain their consent to your application.
What is the purpose of appointing a care representative?+
The sole purpose and indeed the only authority a care representative has is to consent to the nursing home loan under the Fair Deal Scheme.
What is the Fair Deal Scheme?+
The Fair Deal Scheme facilitates the provision of long term residential care through financial support.
Do I need a solicitor to make a care representative application?+
No, you do not need a solicitor to apply to be appointed as a care representative. You can prepare the application yourself by completing the necessary papers known as a Motion and Affidavit and appear in Court to deal with the application in person.
There is no requirement to use a solicitor, however, often applicants choose to use a solicitor.
Which Court hears the care representative application?+
The Circuit Court local to the person applying for care under the Fair Deal Scheme will deal with the application. The case is heard by the local County Registrar rather than a Circuit Court Judge, providing no contentious issues arise. The application will be heard in private and the format is quite informal.
Do I need a care representative to be appointed if I have an Attorney chosen under an Enduring Power of Attorney?+
No, your attorney will usually be in a position to deal with the Fair Deal Application
Can a care representative deal with all property and affairs for the incapable person?+
No, the sole issue the care representative can deal with is the nursing home loan and there is no other authority given to them.
Can the care representative sell the house the subject of the Court Order?+
No, in order to sell a house belonging to someone who has no capacity to deal with their own affairs, and who has no attorney under an Enduring Power of Attorney, an application would have to be made to the High Court to have them declared a Ward of Court. In addition, the Court would have to consent to the sale.
What medical evidence is needed by the Court?+
Two medical reports are needed in the correct format, namely Form 4 (Please see here for information on application papers). Original reports must be lodged with the Court.
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