Q. My parents are in their late 80s. They have always been very independent. Both still drive and have a good group of friends. However, Mum has always been very trusting. Someone recently charged them €500 for power washing the house, every electricity or phone company salesperson that calls to the door convinces them to sign up, etc. Only relatively small amounts in the grand scheme of things, but I’ve spoken to them about letting my sister and I help out with money and organising household jobs. They want to “keep their own business to themselves”. I’m worried they will be scammed out of more significant sums of money. Can you give us guidance?
Dear Reader,
This can obviously be a difficult situation to be in. You want to help out your parents and ensure that they are not being taken advantage of. However, you confirm yourself that both your parents have no cognitive difficulties to the degree where they would be incapable of managing their own affairs. That being the case, your parents are free to make whatever decisions they think appropriate, even if those decisions are not ones which you or most reasonable people might make.
If they decide that they need a bit of assistance now – there are various supports in place. They could enter into a Decision-Making Assistant Agreement or a Co-Decision-Making Agreement, which would allow someone to get information and assist your parents in reaching a decision, but your parents would always have the final say.
They could enter into a Enduring Power of Attorney, which would enable someone to manage their affairs if at some point in the future they ever became unable to manage their own affairs.
The decision to enter into one of these agreements rest entirely on your parents.
If at a future date that you are worried that they have lost capacity to make their own decisions, you could seek to be appointed a Care Representative via the Circuit Court. You would need to obtain a formal report from a medical practitioner, service of notice on various parties (including your parents and your siblings). This is not a terribly straightforward application, can be costly, and would involve you having the final say on their decisions – financial or otherwise.
For the moment, as you say yourself, they are very independent and there wouldn’t appear to be any issue regarding capacity.
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.