Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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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.