Q. My parents are an elderly couple who live in a detached house. The property is too big for them now and they wish to downsize, plus the stairs doesn’t suit them anymore. They have found a bungalow and are happy to pay the asking price of the auctioneer. The difficulty is that unfortunately my mother has dementia and would not have the capacity to sign any documentation in relation to the sale of the current family home. Dad really wants to get into a place more suitable for them. Would you have any suggestions as to what we could do next?
Dear Reader,
This is a very difficult, but increasingly common situation. Firstly, you should check to see if your parents have ever executed an enduring power of attorney (EPA). This is a document which provides what is to happen if the person signing the document becomes incapable of managing their affairs due to mental or physical incapacity. If your mum has already lost capacity without having made an EPA, she would now be unable to do so.
If your dad is still well enough, consideration should be given to have him enter into this document at this stage while the option is open to him. The process to enter into an EPA is somewhat delayed at the moment, so naturally you might want to put matters in train sooner rather than later.
If there is no EPA for your mum, the only option open is to seek relief under the Assisted Decision-Making Act, 2015. You could seek to be appointed a care representative in the Circuit Court for your mother. This will usually provide that you obtain a formal report from a medical practitioner. The medical practitioner will need to confirm that your mother has lost capacity to deal with her affairs. Thereafter you will need to serve notice of application to become a care representative on various parties which will include your dad and your siblings.
If you are granted the care application, then and only then would you be able to make decisions with regard to your mother’s affairs including the sale and purchase of property.
You should also consider the impact that any sale or purchase might have in respect of any application for nursing home support, if it is possible that same would be required for either of your parents in the future.
Finally, of course it is open for your dad to apply to be a care representative himself, however if age is an issue, then you should probably apply.
Every situation is different, and if you or your family wish to get detailed advice on the best way to move forward, please do consult with your solicitor.
