Q. I have a grandchild who I cared for after his mother sadly passed away. He has his share of troubles and has been in trouble with the Gardaà as well as in and out of hospital. He has money from his late mother, and a property that has been rented for years. All that has been put to one side for the moment. He still depends on me to manage ‘pocket’ money and the like, but I am worried that some of his so-called friends will force him into taking control of the money. What can I do to protect him?
Dear Reader,
The first question to ask is whether or not the funds were left to your grandchild on trust in such a way that you might continue to exercise some control over them. You should check with the solicitor that looked after your daughter’s probate and/or trust. It is likely that the will provided that the funds were to go to him at a certain date, regardless of his ability to manage the funds.
If there is no assistance in the original will then the Assisted Decision-Making Act, 2015, might be able to help you.
- External Walls: Up to €8,000 Grant
- Attic: Up to €1,500 Grant
- Cavity Walls: Up to €1,700 Grant
- Internal Dry Lining: Up to €4,500 Grant
If your grandchild lacks capacity, you could seek to be appointed as a Decision-Making Assistant, or a Decision-Making Representative. This allows you to make, or to assist, in making a range of decisions as regards your grandson.
However, a medical practitioner would need to confirm that he lacked the capacity to make those decisions for himself, i.e. that he failed to understand why he was making decisions or retain relevant information.
You should also consider whether or not your grandson could be prevailed upon to try and enter into some manner of agreement or trust, if not already in place, to allow you to continue to manage his affairs indefinitely. There may well be tax considerations as regards this.
It is important to note that simply making poor financial decisions, or poor decisions with regard to the company he keeps, is not enough to legally enable you to protect your grandson. If he is an adult, and has the required mental capacity, he can make his own decisions – even if those decisions may not be to his benefit.
Every situation is different, and if you or your family wish to get detailed advice on the best way to move forward, please do consult with your solicitor.
