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SHEA CULLEN SOLICITORS
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An Enduring Power of Attorney might make all the difference to you and your family

3/3/2018

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Why make an Enduring Power of Attorney
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  • If something were to happen to you and you could no longer manage your affairs would you want the Wards of Court office to make all decisions on your behalf or would you prefer your family to make those decisions.. Decisions like where you would live and what would happen to your property and all personal and financial decisions.
  • An enduring power of attorney allows you to nominate someone (your attorney) to manage your affairs if you become incapable of managing your own affairs. For example this could happen if you had a stroke or an accident or some other catastrophic event. You can appoint a family member or members to make all decisions on your behalf but you can only make that appointment when you are well by signing an EPA.
  • You can only make an EPA when you are well. Your solicitor and your doctor both have to certify that you have the mental capacity at the time of execution to understand the effect of creating an EPA. The EPA has no effect unless and until you become unable to manage your affairs. Your attorneys would have to register the EPA. before it would become effective. 
  • In the past if someone became incapable of managing their affairs the only option was to make that person a Ward of Court. The High Court would then make all decisions for the Ward. Making someone a Ward of Court is an expensive and invasive process and your family loses all control over your affairs.
  • In some circumstances you may be estranged from your family and you may want your friend or your partner to manage your affairs. An EPA allows you to do this
  • Many young and middle aged people are now making enduring powers of attorney. as catastrophic events can happen to people of all ages. 
 
Don't leave it too late to make an EPA. If you need any advice call us on 01-6040033 or email us for appointment by clicking this link
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COMMERCIAL LEASES - THE PITFALLS

3/2/2018

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If you decide to take a lease of a shop or commercial premises you need good practical advice. If you employ us you can be sure that we will ask all of the questions that need to be asked and we will make sure that there are no nasty surprises waiting for you when you open your doors. That means that you can get on with your business.

The issues that we will deal with include the following:
  • Is there insurance on the property and who pays what percentage of the insurance premium?
  • Does your landlord have a mortgage on the building?. If so we will insist that his bank gives its consent to the creation of your lease. If consent is not obtained and the Landlord falls into arrears the bank can evict you from the premises. If they consent then they have to honour your lease. 
  • Is there planning for your proposed  use of the building? If there is a material change of use then planning permission will be needed and this should be a matter for your landlord.
  • We will examine your landlord's title to make sure that he or she has the right to grant your lease and we will make sure that there are no restrictions on your use of the property. 
  • We will make sure that there are no arrears of rates or other outgoings. These should be paid in full by your landlord on closing.
  • We will advise you on the terms of your lease and in particular on your obligation to carry out repairs to the property. In some cases a tenant will be responsible for internal and external  repairs and in other cases the tenant will be responsible for internal repairs only. This will depend on the building and the terms in your lease. 
  • We will check to see if you are liable to pay VAT on your rent or on the creation of your Lease.
  • We will make sure that no notices have been served on the landlord by the local authority that might affect the property.
  • If you take a short term lease we will advise you on whether you will have a right to renew your Lease at the end of the term.
If you are in interested in taking a commercial lease talk to us and make sure that you only have to worry about your business.

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