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EULawyer, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 269
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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In the event where the husband has developed diminished

Customer Question

In the event where the husband has developed diminished mental capacity and his wife is of sound body and mind but the sole income (pension) is in an account in the husband's name only, can the wife access this money or arrange to get the pension paid into their joint account? Ideally the latter.
Submitted: 8 months ago.
Category: Republic of Ireland Law
Expert:  EULawyer replied 8 months ago.

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Expert:  EULawyer replied 8 months ago.

Dear Madam,

Thank you for your message. The situation is as follows:

If the husband is unable to collect your payment at a post office, due to an illness or loss of mobility for example, he can nominate a person to do this by completing and returning the form attached. Arrangements are made with the post office to facilitate the agent (the nominated person) collecting the payment and he is notified of this.

If the husband is not able to manage his financial affairs, an agent may be appointed to collect the payment and act on his behalf. In this case a medical practitioner must certify that he does not have the capacity to manage his financial affairs. There is a section for this certification on the same form, attached.

The agent nominated is often a family member, including the spouse.

The payment is made electronically to a nominated bank account. It is recommended that a separate account be set up for this purpose.

A wife appointed as agent has a legal duty to ensure the money is used for the husband's benefit and she must also deal with other aspects of the social welfare payment. This includes notifying the Department of Social Protection of changes to the husband's circumstances.

I hope my answer was useful and look forward to your rating, which is essential to my activity.


Dr I L Vlad