Audio version

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HEALTH&HABITAT

Dec 2010/Jan 2011 www.esb.ie/em

Ward-Off: The importance of an Enduring Power of Attorney to look after your affairs

Very often when we are in our prime, we put off planning for our future Eventually, we might make a will to provide for those close to us when we die. Yet, we give little consideration to our own well-being and welfare while we are still alive.

MENTAL INCAPACITY is often seen as a taboo subject, something that ‘will never happen to us’ and ignored. Currently in Ireland, if you become mentally incapacitated all of your assets are frozen and cannot be accessed by anyone until you become a Ward of Court. In those circumstances, the High Court has control of all your assets and makes all decisions on your behalf, both medical and financial. So, if you lose your senses, it will be a stranger and not your next of kin who determines your well being.

Therefore, it is recommended to make an Enduring Power of Attorney (EPA), where you (the ‘donor’) give one or more persons (your ‘attorneys’) the power to make certain decisions and do things on your behalf. In planning ahead in this way, you are cutting out red tape in a situation where you are mentally no longer able to cope. The benefits are that decisions are not made by a court official but by someone you trust. You control the extent of your attorney’s power - some EPAs grant power over medical affairs only, while others include financial matters also. Examples include the disposal of property, signing of cheques, withdrawals, paying bills, signing documents, purchases, Christmas gifts, medical care, medical decisions or instructions, or nursing home subvention.

However, there are clear and rigorous safeguards in place to prevent an abuse of this process.

To create an EPA, you must attend a solicitor’s office. Your doctor must certify your mental competence and your solicitor must certify that you understand the document. You must then certify that you understand the legal effect of the document. When the EPA is completed, notice of its existence must be given to two people who are known to you, neither of whom can be your attorney. If you are married, at least one of these people must be your wife. If you are unmarried, widowed or separated notification must be given to your child (if applicable). If not, then notice can be given to any relative as a notice party. Note that if you are separated or divorced, your estranged or ex- spouse may not act as an attorney.

In choosing who should act as your attorney be mindful of the responsibility you will be placing on that person’s shoulders. Discuss your intentions with your future attorneys, advise them what you require of them and ensure they are willing to act on your behalf. Normally one would appoint two attorneys. More than two is unusual and might lead to practical difficulties.

An EPA is beneficial and advisable for everyone. However, if you are single, separated, widowed or divorced, this mechanism should be given priority as it can provide comfort that someone will look after your affairs in the event of tragic circumstances where your next of kin may be unwilling or unable to look after you.

You can change your mind or revoke an Enduring Power of Attorney at any time up to the date that your attorney registers the document with the court. In some cases the Enduring Power of Attorney may be revoked after registration, but this can only done by way of court application.

We are all aware of the necessity of a will, but the same consideration should also be given to an EPA. Family and friends do not automatically have the right, or indeed the desire, to take over your affairs should you lose the ability to manage them yourself. If you have already made a will, then an EPA will complement this. By attending to this you will ensure your assets and best interests of both yourself and your family are dealt with both during your life and on your death.

As a nation we are living longer than ever before. The inability to manage ones affairs can befall anybody at any age. Don’t put off until tomorrow what you can do today!

Joeanne Kenny is a solicitor with ESB Shared Services Legal. This article is a not conclusive legal advice. Each individual will have their own personal requirements so it is important to consult with your own solicitor in this regard. If you do not have a solicitor you can consult with the Law Society who can advise you of solicitors in your area or consult the website www.lawsociety.ie.

3 tips to feel better this Christmas

1 Avoid overeating as it puts pressure on your digestive system and means it can’t break down food properly, leading to indigestion and heartburn.

2 Alcohol might add to the merriment but it also irritates your stomach lining. Drink sensibly to feel better the morning after the night before.

3 Do you want to fit into your favourite outfit this Christmas? Eat a high fibre diet to avoid bloating. Include fresh fruit, beans and a high-fibre breakfast cereal.

ESB Athletic Club Update: Marathon Special

THERE WAS A great turnout from ESB in the 2010 Dublin Marathon. Great times and achievements were made, some running for charity, others running a marathon for the first time, others looking for a personal best. After the race was over, we gathered some words of wisdom from the brave souls.

Niall Kearns 3:15:39

“I have completed five marathons; Dublin three times, Berlin and Amsterdam. I trained alone and followed a programme (18 week Pfitzinger & Douglas). I did the Adidas race series plus a few other races. 2010 was the best Dublin Marathon in terms of atmosphere, support and organisation.”

Brian Gray 3:22:21

“In 2009 I set myself a goal to run two Marathons. I ran Belfast in 3:54 which I was delighted with. Six weeks later I went off work with something that seemed to be the flu, it transpired to be an immune system overreaction called Guillian Barré Syndrome. I ended up paralysed from the neck down and on a ventilator, spending three months in hospital, the latter part in the National Rehab Hospital, where I learned to walk again! I got out of a wheel chair after three months on 16.09.09. On 25.09.09 I was discharged, 13 months to the day later I ran my comeback Marathon (Dublin), in 3:22. Throughout my illness ESB supported me and encouraged me to return back to work in any capacity when ready. My drive and focus for the 2010 Dublin Marathon was to draw a line under my illness and say I’m back to my best, in fact better than before. Now let’s get on with giving my all to family, work and running.”

Dermot Mangan 3:57:13

“It was my first marathon and as part of my training I completed the Adidas series. I wtargeted a sub four hour race however to complete the race was always my goal. A big surprise was the number of people who turned out to cheer the runners. When I finished I swore never again but now I’m already thinking of extra training to reduce my time for next year.”

Grainne Coogan 4:04:03

“I ran the marathon for St John’s Ward, Our Lady’s Hospital for Children, Crumlin. Donations totalled €1,831, a major part from generous ESB staff. My friend’s little girl is being treated there for leukaemia, so the cause was close to the heart.”

Tom Moran

“Whoever said that ‘you are only half way at the 20 mile marker’ was a very wise person. I would add another of my own which is something along the same vein, good marathon times are achieved based on a fast last 10K rather than a fast first 10K.”

Recent BHAA results

• Dublin Half Sep 18: 11 runners, 3rd & 8th Grade C, 1st & 7th Grade D
• Teachers XC Oct 09: 4 runners, J Healy, S Healy, S Naughton, D Mangan, Team came 2nd Grade B
• Dublin Marathon Oct 25: 11 runners, J Bradshaw 3.15 N Kearns 3.15 A McAleer 3.17 P Evoy 3.18 B Gray 3.22 M O’Brien 3.23 D Mangan 3.57 G Coogan 4.04 T Moran 4.23 M Browne 4.39
• BOI Dollymount Nov 13: ESB 3rd Grade D; B Gray, S Naughton, D Mangan, also G Coogan, J Doherty.

For Further information:

http://esbnet/athleticclub/
http://sharepoint/sites/Group/CIO/COO/CM/CSM/SC/ESB_Athletic_Club/default.aspx