Elderly Law- Appointing a care representative for a nursing home.
We have acted for a number of clients in their appointment to be a Care Representative for an elderly parent who for medical reasons can no longer live independently. It can be a trying time for children or relatives of those people who for various reasons cannot make decisions for themselves. We can assist our clients in navigating the paperwork and the Court procedures.
A Care Representative is a person appointed by the Court to apply for a State loan in relation to the Nursing Homes Support Scheme (also known as Fair Deal) on behalf of a person who no longer can make certain decisions on their own behalf. This is generally children of elderly parents. An application to the Circuit Court is necessary in order to be appointed as a Care Representative. The application is carried out with the assistance of a Solicitor who can complete the legal paperwork on your behalf and we at Eoin Murphy Solicitors are experienced in the procedure.
It is necessary to have two reports from two doctors who have examined the person in need of the Care Representative.
The people entitled to apply to be a Care Representative are as follows
-a wife or husband, a son or daughter, or a relative
You will have to obtain a letter of consent to your appointment from other family members and certain people cannot be appointed.
The forms are lodged with the Circuit Court and a date for hearing of the application will be given.
There are documents which will have to be given to the person who is in need of care 14 days prior to the hearing date. They must be served in person. The person in need of care can then object or not to the appointment of the Care Representative.
The application to be appointed will be heard before the County Registrar (not a judge) of the nearest Circuit Court. Once the Court is satisfied that the paperwork is in order then a Court Order will be made appointing you as a Care Representative.
Once appointed you can then apply to the HSE for the Nursing Home Loan on behalf of the person in need of care.