At Francis Hanna & Co, we deal with clients who come to us with a variety of issues they face and ensuring that their (or their loved one's) affairs are looked after properly. Below is an example of a situation we have been presented with and the solution:-
Case Study - Dementia / EPA
Keith and Helen ran a successful business together with various premises and a small workforce. Although only 56 Keith was diagnosed with Dementia two years ago. His gentle mental deterioration accelerated noticeably and Helen consulted us as to how she was going to run the business and finances on her own as Keith is starting to rely on her to make all the decisions.
Neither Keith nor Helen had made Enduring Powers of Attorney. They had made Wills but had not checked them for years.
We explained in simple language the nature of an Enduring Power of Attorney. Keith clearly trusted Helen and repeated that he wanted her to look after everything. He was consistent but struggled with some answers and acknowledged that he had problems with his memory. A psychiatric report from the Specialist he attended in the local memory clinic confirmed our view that he still had sufficient understanding to be able to sign an Enduring Power of Attorney in favour of Helen and appreciated what he was doing. Both Keith and Helen executed Enduring Powers of Attorney, Keith appointing Helen as his Attorney.
Keith was able to give his wife legal authority over all financial and property matters, and she was therefore able to manage their business and personal finances without having to apply to the High Court to be appointed as Keith’s Controller. Controllership would have been expensive, restrictive, and would have meant annual insurance and Court costs. Personal or business banking has carried on without disruption, or prejudice to their business.
The Wills were checked and found to be consistent with what Keith and Helen wanted for their family in the future, which reassured them both.
**The names of the peopled cited in these case studies have been changed for anonymity purposes.**