How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now
A new question is answered every 9 seconds

Regarding Enduring Power of Attorney and protecting a family

Customer Question

Customer: ***** ***** regarding Enduring Power of Attorney and protecting a family home
JA: Thanks. Can you give me any more details about your issue?
Customer: I have EPA for my elderly Aunt who is terminally ill and I'm also the sole benificiary in her will. However I just found out that during probate Social Protection will probaly get possesion of the family house & property for repayment of her old age pension that she wasn't qualified to recieve.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Republic of Ireland Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: sorry can't wait
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: how long ?
Submitted: 12 months ago.
Category: Republic of Ireland Law
Customer: replied 12 months ago.
As her Attorney under the EPA what can I do prior to her death - and losing home & property during probate to pay back Social Protection - to keep the home and property - which also honors the wishes of her will ?
Customer: replied 12 months ago.
As her attorney under the EPA can I somehow transfer, gift or sell (under market value) the home & property to myself - or put it into joint ownership (my Aunt & myself) - so it won't be lost during probate ?
Expert:  Buachaill replied 12 months ago.

1. It is a fundamental principle of the law relating to Powers of Attorney that the donee of the power, or the person exercising the power, cannot personally take any benefit from the exercise of the power. Accordingly, as you hold the benefit of the power of attorney you cannot personally benefit from any exercise of the power of attorney. So you cannot transfer, gift or sell anything belonging to your elderly aunt, to yourself. Otherwise this can be set aside in law should it be questioned. This means that if the Dept. of Social Protection query any such transfer, gift or sale, it would get set aside. So this is not the way to deal with the difficulty arising from the incorrect claiming of the pension. You can transfer the house or assets to someone else lawfully, but then you cannot indirectly benefit yourself.

Expert:  Buachaill replied 12 months ago.

2. Please RATE the Answer positively as unless you RATE the Answer, your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.

Customer: replied 12 months ago.
I can give the house & property as a gift to my wife or any one else who's not on the EPA ?
Expert:  Buachaill replied 12 months ago.

3. A gift would not be a proper exercise of the power of attorney as that would be disposing of the assets without any corresponding benefit, so it would not be in the best interests of the person whose assets they are. However, you can transfer the house or property to your wife.

Customer: replied 12 months ago.
What do you mean by "transfer" if I can't give a gift - do you mean sell ?
Customer: replied 12 months ago.
Answer extremely unsatisfactory - how do I get a refund ?
Customer: replied 12 months ago.
REFUND ????????????
Customer: replied 12 months ago.
I'm about to sue justmyanswer.com for breach of contract due to not issuing a refund - can you recommend a good solicitor ?