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<channel><title><![CDATA[SHEA CULLEN SOLICITORS - News]]></title><link><![CDATA[https://www.cullensolicitors.ie/news]]></link><description><![CDATA[News]]></description><pubDate>Sun, 04 Oct 2026 01:03:37 +0100</pubDate><generator>Weebly</generator><item><title><![CDATA[Incapacity Crisis in the UK - Ireland is not  far behind]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/incapacity-crisis-in-the-uk-ireland-is-not-far-behind]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/incapacity-crisis-in-the-uk-ireland-is-not-far-behind#comments]]></comments><pubDate>Wed, 25 Jul 2018 20:13:54 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/incapacity-crisis-in-the-uk-ireland-is-not-far-behind</guid><description><![CDATA[       The organisation Solicitors for the Elderly (SFE) has published a study warning that the UK is heading for an 'incapacity crisis', with a widening gap between the rising number of people likely to lose capacity and the relatively small number who have arranged an enduring power of attorney. They highlighted the fact that the UK will face a huge increase in the incidence of dementia in the coming years. Accordinly It is more important than ever to provide for this possibility while we are  [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/uk-5-7-18_orig.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph" style="text-align:justify;"><ul><li><font color="#5040ae"><font color="#093905">The organisation Solicitors for the Elderly (SFE) has published a study warning that the UK is heading for an 'incapacity crisis', with a widening gap between the rising number of people likely to lose capacity and the relatively small number who have arranged an enduring power of attorney. </font><span style="font-weight:400"><span style="font-weight:400"><span style="font-weight:400"><span style="font-weight:400"><span><font color="#093905">They highlighted the fact that the UK will face a huge increase in the incidence of dementia in the coming years. Accordinly It is more important than ever to provide for this possibility while we are well. An Enduring Power of Attorney allows you to appoint friends or family members to deal with your affairs if you become incapable of managing your affairs. </font></span></span></span></span></span></font><br /></li></ul><br /><ul><li>The SFE report shows that the number of people diagnosed with dementia in the UK increased by more than 50 per cent in the 11 years from 2005/6 to 2016/17, and now stands at 540,000. When undiagnosed cases are added in, the number is estimated to be closer to 850,000. That will rise rapidly in the next decade, probably reaching a million diagnosed cases by 2025, plus another 300,000 undiagnosed. Of the 12.8 million British residents over the age of 65, one in 14 will develop dementia, says SFE.</li></ul><br /><ul><li>SFE's principle concern in the report is not the financial affairs of people who lose capacity, but their future care arrangements. Its partner in the study, the Centre for Future Studies, found that only 928,000 health and welfare (H&amp;W) LPAs have been registered with the Office of the Public Guardian (OPG) in England and Wales. The implication, it says, is that there are 12 million people at significant risk of dementia who have not made proper arrangements for their care in old age.</li></ul><br /><ul><li>Moreover, says the report, this gap is likely to widen. By 2025, on current trends there will be only 2.2 million H&amp;W LPAs in place, leaving 13.2 million people unprepared for a loss of mental capacity. There is, says SFE, a 'huge disparity between our wishes and what will happen in reality' &ndash; largely because people are unaware of the risks.</li></ul><br /><ul><li>SFE is calling for a significant increase in the take-up of H&amp;W LPAs to match the boom taking place in financial LPAs. 'The taboo around medical decisions and end of life care needs to be broken and H&amp;W LPAs should be a topic of discussion around any dinner table', it urges.</li></ul></div>]]></content:encoded></item><item><title><![CDATA[An Enduring Power of Attorney might make all the difference to you and your family]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/an-enduring-power-of-attorney-might-make-all-the-difference-to-you-and-your-family]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/an-enduring-power-of-attorney-might-make-all-the-difference-to-you-and-your-family#comments]]></comments><pubDate>Sat, 03 Mar 2018 20:44:30 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/an-enduring-power-of-attorney-might-make-all-the-difference-to-you-and-your-family</guid><description><![CDATA[       Why make an Enduring Power of Attorney&#8203;If something were to happen to you and you could no longer manage your affairs&nbsp;would you want the Wards of Court office to make all&nbsp;decisions on your behalf&nbsp;or would you prefer your family to make those decisions.. Decisions like where you would live and what would happen to your property and&nbsp;all&nbsp;personal and financial decisions.An enduring power of attorney allows you to nominate someone (your attorney) to manage your  [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/published/older-couple.jpg?1520110037" alt="Picture" style="width:373;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph"><br /><font color="#248d6c" size="4">Why make an Enduring Power of Attorney</font><br /><a href="https://21449194-610319315814328271.preview.editmysite.com/editor/main.php#"><strong>&#8203;</strong></a><ul><li>If something were to happen to you and you could no longer manage your affairs&nbsp;would you want the Wards of Court office to make all&nbsp;decisions on your behalf&nbsp;or would you prefer your family to make those decisions.. Decisions like where you would live and what would happen to your property and&nbsp;all&nbsp;personal and financial decisions.</li></ul><ul><li>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&nbsp;you had a stroke or an&nbsp;accident or some other catastrophic event.&nbsp;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.</li></ul><ul><li>You can only make an EPA when you are well. Your solicitor and your doctor both have to certify&nbsp;that you have&nbsp;the mental capacity at the time of execution to understand the effect of creating an EPA. The&nbsp;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.&nbsp;</li></ul><ul><li>In the past if someone became incapable of managing their affairs&nbsp;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&nbsp;invasive process and your family loses all control over your affairs.</li></ul><ul><li>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</li></ul><ul><li>Many young and middle aged people are now making enduring powers of attorney. as catastrophic events can happen to people of all ages.&nbsp;</li></ul> &nbsp;<br /><strong><span>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 <a href="http://www.cullensolicitors.ie/contact-us.html" target="_blank">link</a></span></strong><br />&#8203;</div>]]></content:encoded></item><item><title><![CDATA[COMMERCIAL LEASES - THE PITFALLS]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/commercial-leases-the-pitfalls]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/commercial-leases-the-pitfalls#comments]]></comments><pubDate>Fri, 02 Mar 2018 00:00:00 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/commercial-leases-the-pitfalls</guid><description><![CDATA[       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&nbsp;that we will ask all of the questions that need to be asked and we will make sure that&nbsp;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?D [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0px;margin-right:0px;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/published/storefront.jpg?1520109229" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph"><br /><span>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&nbsp;that we will ask all of the questions that need to be asked and we will make sure that&nbsp;there are no nasty surprises waiting for you when you open your doors. That means that you can get on with your business.<br /><br />The issues that we will deal with include the following: </span><ul><li>Is there insurance on the property and who pays what percentage of the insurance premium?</li><li>Does your landlord have a mortgage on the building?. If so we will insist that his bank gives its&nbsp;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.&nbsp;</li><li>Is there planning for your proposed&nbsp; use of the building?&nbsp;If there is a material change of use then&nbsp;planning permission will be needed and this should be a matter for your landlord.</li><li>We will examine your landlord's title to make sure that he or she has the right to grant your&nbsp;lease and we will make sure that there are no restrictions on your use of the property.&nbsp;</li><li>We will make sure&nbsp;that there are no arrears of rates or other outgoings. These should be paid in full by your landlord on closing.</li><li>We will advise you on the terms of your lease and in particular on your obligation&nbsp;to carry out repairs to the property. In some cases a tenant will be responsible for internal and external&nbsp;&nbsp;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.&nbsp;</li><li>We will check to see if you are liable to pay VAT on your rent or on the creation of your Lease.</li><li>We will make sure that no notices have been served on the landlord by the local authority that might affect the property.</li><li>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.</li></ul> <span>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. </span><br /><br />&#8203;<br /><br /></div>]]></content:encoded></item><item><title><![CDATA[Wills - Why should I make one?]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/wills-why-should-i-make-one]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/wills-why-should-i-make-one#comments]]></comments><pubDate>Thu, 18 Jan 2018 23:02:31 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/wills-why-should-i-make-one</guid><description><![CDATA[       &#8203;WHY MAKE A WILL?If you make a Will you are deciding where your assets are to go after your death. You can leave your property, money and other assets to the people you want. Without a Will, your assets will be divided in accordance with the Succession Act, 1965 and this division may not coincide with your wishes. You may also want to leave some personal items to certain family members. You may want to leave some money to charity. You can only do that by making a Will. &nbsp;There a [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0px;margin-right:0px;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/published/8fc7d0ba-38a0-4429-8940-1e2ab57f14b1.jpg?1516318377" alt="Picture" style="width:374;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph"><strong><font color="#24678d">&#8203;WHY MAKE A WILL?</font></strong><ul><li>If you make a Will you are deciding where your assets are to go after your death. You can leave your property, money and other assets to the people you want. Without a Will, your assets will be divided in accordance with the Succession Act, 1965 and this division may not coincide with your wishes. You may also want to leave some personal items to certain family members. You may want to leave some money to charity. You can only do that by making a Will.</li></ul> &nbsp;<ul><li>There are also situations where it is vital that you make a Will. Unmarried partners cannot inherit from each other unless there's a Will. So if you live with your partner and you die without having made a Will, your partner will not automatically inherit any of your estate. If you are unmarried and wish to provide for your partner on your death, you can only do this by making a will.</li></ul> &nbsp;<ul><li>If you have young children you can choose your children's legal guardians. If you don't specify anyone, it will be left to surviving relatives to decide who looks after your children, and it may be someone you yourself would not have chosen.<span> It also confers important rights on that person to make all the important and personal decisions in your children's lives. </span>You can also appoint trustees to look after their inheritance while they are still children. &nbsp;</li></ul> &nbsp;<ul><li>You can ensure that your Will is tax efficient. Tax may be payable on an inheritance. Every beneficiary has a tax free threshold. The threshold is determined by the relationship with the deceased. A child can inherit up to &euro;310,000 from a parent without a liability. A brother or sister or niece or nephew can inherit up to &euro;32,500 without a liability. Spouses are exempt from Inheritance Tax. You might decide to leave a smaller amount to a larger number of people. The tax threshold for anyone else is &euro;16,250. In certain circumstances previous gifts or inheritances may be taken into account. The current tax rate is 33%</li></ul> &nbsp;<ul><li>If your personal circumstances are complicated it is very important that you take advice from a solicitor. You may need specific advice in relation to providing for children from a previous relationship or if you have an incapacitated child. You may wish to deal with the running of your business after your death to allow for an orderly transfer of the business to the beneficiaries.</li></ul> &nbsp;<br /><strong><span>Make sure that you leave things in good order for your family. In most cases a very simple and inexpensive Will is all that is needed. If you need any advice call us on 01-6040033 or email us for appointment by clicking this <a href="http://www.cullensolicitors.ie/contact-us.html" target="_blank">link</a></span></strong></div>]]></content:encoded></item><item><title><![CDATA[Enduring Powers of Attorney]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/enduring-powers-of-attorney]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/enduring-powers-of-attorney#comments]]></comments><pubDate>Mon, 31 Aug 2015 09:58:06 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/enduring-powers-of-attorney</guid><description><![CDATA[              &#65279;Capacity Required for an Enduring Power of Attorney&#65279;One critical question to be considered when preparing an Enduring Power of Attorney is whether the person granting the Power of Attorney ("the donor") has the requisite legal capacity. The Irish Courts have begun to consider the capacity required by a donor to effect a valid Enduring Power of Attorney. Ms Justice Marie Baker in the recent High Court case "In the matter of an application for registration of an Enduri [...] ]]></description><content:encoded><![CDATA[<span class='imgPusher' style='float:left;height:0px'></span><span style='display: table;z-index:10;width:auto;position:relative;float:left;max-width:100%;;clear:left;margin-top:0px;*margin-top:0px'><a><img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/6989082.jpg?250" style="margin-top: 10px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:0; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;" class="wsite-caption"></span></span> <div class="paragraph" style="text-align:justify;display:block;">             <font color="#24678d"><u><span class="rangySelectionBoundary" style="line-height: 0; display: none;" id="selectionBoundary_1441101302189_29150064169469714">&#65279;</span><br /><br /><br /><br /><br /><br /><br /><br /><br />Capacity </u><u>Required for an Enduring Power of Attorne</u><strong><u>y</u></strong><span class="rangySelectionBoundary" style="line-height: 0; display: none;" id="selectionBoundary_1441101302188_5565055168157744">&#65279;</span><br /><br />One critical question to be considered when preparing an Enduring Power of Attorney is whether the person granting the Power of Attorney ("the donor") has the requisite legal capacity. The Irish Courts have begun to consider the capacity required by a donor to effect a valid Enduring Power of Attorney. Ms Justice Marie Baker in the recent High Court case "In the matter of an application for registration of an Enduring Power of attorney of SCR" outlined what a donor should understand in order to grant a valid EPA.</font><br /><br />In that case <span style="" "font-family:&quot;times="" roman&quot;,&quot;serif&quot;;="" mso-hansi-font-family:&quot;arial="" ms&quot;;mso-bidi-font-family:&quot;arial="" ms&quot;"=""></span><font color="#2a2a2a"><span style="" "font-family:&quot;times="" roman&quot;,&quot;serif&quot;;="" mso-hansi-font-family:&quot;arial="" ms&quot;;mso-bidi-font-family:&quot;arial="" ms&quot;"=""></span></font>two  sisters&nbsp; got a High Court order preventing their brother getting power of attorney over the affairs of their father who suffers from dementia.The  sisters claimed their father did not have capacity to consent to  enduring power of attorney, giving the son control over the father&rsquo;s  general affairs, including finances and property with no express  limitations.They also claimed undue influence or fraud was used to induce their father to hand over the power.<br /><span style=""></span><br /><span style=""></span>                                                                                  The brother said his father was  aware of what he was doing and was sufficiently aware to express concern  about how a shortfall in payments to a nursing home where he was living  would be met. Ms Justice Marie Baker said she was not satisfied the solicitor who drew up the documentation,  and the father&rsquo;s GP who certified it, had followed best practice in  relation to execution of the power of attorney certificate.<br /><span style=""></span><br /><span style=""></span>The  last time the GP examined the father was seven weeks before  the power  was executed by the man, the judge said.  A month after the doctor&rsquo;s  last examination, the father did not have capacity and displayed signs  of confusion and agitation, she said. The court  heard the father had been showing signs of dementia for around two years  before he was moved into the nursing home on October 22nd, 2013 under  the &ldquo;Fair Deal&rdquo; scheme whereby the State pays the bulk of the care  costs.<br /><span style=""></span><br /><span style=""></span>He had been found on the road on a number  of occasions in his dressing gown and in poor weather conditions, a  public health nurse said. Ms Justice Baker said  his GP carried out a mini-mental health test on August 30th, 2013, in  which the man scored 23 out of 30, suggestive of moderate dementia. The  doctor said that score meant he was capable of basic understanding of  matters at that time, the judge said. The GP noted  he was not in the &ldquo;worst stages of dementia&rdquo; at the time and prescribed  a specific drug for symptoms of Alzheimer&rsquo;s although this is not  believed to halt or reverse the process of cell damage that causes the  disease, the judge said.<br /><span style=""></span><br /><span style=""></span>On September 10th, the last time the doctor examined him, he found the father to be lucid and showing no sign of confusion. Ms  Justice Baker said it was quite apparent the GP executed the statutory  power of attorney certificate on November 6th in circumstances where the  doctor&rsquo;s last consultation would have suggested lack of cognitive  capacity.<br /><span style=""></span><br /><span style=""></span>The GP said his certification arose from  &ldquo;reliance on information&rdquo; given by the solicitor dealing with the  matter.  The solicitor said the father was lucid on the day he signed  the power of attorney instrument. The judge said  the Powers of Attorney Act 1996 did not envisage circumstances where a  doctor would rely on the opinion of a solicitor with regard to capacity,  especially where a person is suffering from a progressive dementia  condition as this man was.<br /><span style=""></span><br /><span style=""></span>While the legislation  imposes no time limits on the execution of the power, the fact  independent medical certification is required means responsibility (for  certification) cannot depend on the opinion of another non-medical  person, she said.<br /><span style=""></span>Best practice was not followed  and it would have been preferable if the doctor&rsquo;s certificate was based  on an assessment carried out closer to the time of execution of the  power of attorney, she said.<br /><span style=""></span><br /><span style=""></span>The judge said she  was not satisfied the evidence as a whole showed the father was  sufficiently lucid at the time to understand the nature of general power  of attorney or that its scope and purpose was fully explained to and  understood by him. The objection of the sisters  was sustained and the court would refuse to order that the power of  attorney be  registered, she ruled.<br /><br />  <span style="" "mso-fareast-font-family:&quot;times="" roman&quot;;="" color:#3f3f3f"="">Please call or email us if you would like more information in relation to Enduring Powers of Attorney.</span><span style="" "mso-fareast-font-family:="" &quot;times="" roman&quot;"=""></span><br /><br /><span style=""></span><br /><span style=""></span><br /><span style=""></span>         </div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>]]></content:encoded></item><item><title><![CDATA[Dementia a "time bomb"]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/dementia-a-time-bomb]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/dementia-a-time-bomb#comments]]></comments><pubDate>Mon, 25 May 2015 14:32:18 GMT</pubDate><category><![CDATA[EPA]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/dementia-a-time-bomb</guid><description><![CDATA[         The Irish Times in a recent article (see below) highlighted the fact that we will face a huge increase in the incidence of dementia in the coming years. It is more important than ever to provide for this possibility while we are well. An Enduring Power of Attorney allows you to appoint friends or family members to deal with your affairs if you become incapable of managing your affairs. If you fail to put an EPA in place then you may have to be made a Ward of Court and in that event your [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/3337168.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph" style="text-align:left;"><span style='text-decoration:none; font-style:normal; font-weight:400; color:rgb(70, 70, 70); '><span style="text-decoration:none; font-style:normal; font-weight:400; color:rgb(70, 70, 70); "><span style="text-decoration:none; font-style:normal; font-weight:400; color:rgb(70, 70, 70); "><span style="text-decoration:none; font-style:normal; font-weight:400; color:rgb(70, 70, 70); ">  <span style=""><font color="#3f3f3f">The Irish Times in a recent article (see below) highlighted the fact that we will face a huge increase in the incidence of dementia in the coming years. It is more important than ever to provide for this possibility while we are well. An Enduring Power of Attorney allows you to appoint friends or family members to deal with your affairs if you become incapable of managing your affairs. If you fail to put an EPA in place then you may have to be made a Ward of Court and in that event your affairs would be managed by the High Court rather than by your family and friends. In addition the Wards of Court procedure is invasive and expensive. Please call or email us if you would like more information in relation to Enduring Powers of Attorney.<br /></font><br /><br /><strong><font color="#24678d">Dementia a &lsquo;time bomb&rsquo; for coming years, says expert</font></strong></span><font color="#24678d"><br /><span style=""></span>  <strong style=""><span style=""><span style="">CONOR KANE</span></span></strong><br /><span style=""></span><br /><span style=""></span>  <span style="">The problem of dementia is a demographic &ldquo;timebomb&rdquo; because of the predicted trebling in the number of sufferers over the next 25 years, according to a consultant in old age psychiatry.</span> <span style="">Dr Caitriona Crowe told a conference in Cashel the number was expected to increase from the current 48,000 living with dementia here to 96,000 in 2031 and more than 140,000 by 2041, &ldquo;unless a cure is found in the meantime&rdquo;.</span> <span style="">Prof Eamon O&rsquo;Shea of NUIG said the next 10 years were &ldquo;critical&rdquo; for how we dealt with dementia as a nation.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">Dr Crowe and others have been delivering a pilot project in south Tipperary over the past three years. They hope to see the services they have introduced made permanent and extended throughout the country in the near future.</span> <span style="">&ldquo;We have a time bomb on our hands,&rdquo; she said. &ldquo;We&rsquo;re not doing a great job with the 48,000 people with dementia at the moment.</span> <span style="">&ldquo;That&rsquo;s a huge driver for the Government in terms of policy.&rdquo;</span><br /><span style=""></span><br /><span style=""></span>  <span style="">The Five Steps to Living Well with Dementia initiative, funded through the HSE by Atlantic Philanthropies, is running in south Tipperary until October.</span> <span style="">It is one of four pilot projects, along with counterparts in Mayo, south Dublin and Kinsale, being run to assess how services for people with dementia and their carers can be improved.</span> <span style="">Its aims include dispelling myths and stigma about dementia, emphasising it is something to live with and not necessarily to die from, and transforming the perception that a diagnosis of dementia is like a death sentence. It is also focused on providing people-centred care.</span> <span style="">Measures include appointing dementia support workers to go into the homes of people living with the condition.</span> <span style="">&ldquo;The aim is to delay the need for long-term care, allowing people to remain living at home and as active participants in their own communities,&rdquo; Dr Crowe said.</span> <span style="">&ldquo;The response we have now for people with dementia, we think is good. It&rsquo;s responsive, it&rsquo;s flexible, it&rsquo;s non-bureaucratic and it&rsquo;s highly cost-effective.&rdquo;</span><br /><span style=""></span><br /><span style=""></span>  <span style="">Prof O&rsquo;Shea of the centre for social gerontology at NUIG, who wrote an action plan for dementia in the 1990s, described the pilot scheme as &ldquo;transformational&rdquo; in south Tipperary. &ldquo;This is the human condition in all its frailties,&rdquo; he said. &ldquo;It&rsquo;s cognitive impairment but it&rsquo;s still the human condition and it&rsquo;s something we have got to think about and support in terms of the resources people get.&rdquo;</span> <span style="">Helen Jenkins, who cared for both her parents in their home after they were diagnosed with dementia, said she was delighted that carers and patients were being asked for their input into the project.</span> <span style="">&ldquo;[That] has not happened before,&rdquo; she said.</span></font><br /><span style=""></span><br /><span style=""></span>  <span style="text-decoration:none; font-style:normal; font-weight:400; color:rgb(70, 70, 70); "></span></span></span></span></span></div>]]></content:encoded></item><item><title><![CDATA[Change in the jurisdiction of the Courts]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/change-in-the-jurisdiction-of-the-courts]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/change-in-the-jurisdiction-of-the-courts#comments]]></comments><pubDate>Mon, 03 Feb 2014 15:08:42 GMT</pubDate><category><![CDATA[courts]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/change-in-the-jurisdiction-of-the-courts</guid><description><![CDATA[       The changes to the monetary jurisdictions of the civil courts took effect on the 3rd February 2014. These changes are provided for in Section 2(1) and Part 3 of the&nbsp;Courts and Civil Law (Miscellaneous Provisions) Act 2013.From 3rd February, the new limits of the civil jurisdictions will be:District Court: &euro;15,000.&nbsp;Circuit Court in civil proceedings (other than personal injury claims): &euro;75,000.Circuit Court for personal injury actions as defined in&nbsp;Section 2 of the [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-thin " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/7218621.jpg?211" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph" style="text-align:left;">The changes to the monetary jurisdictions of the civil courts took effect on the 3rd February 2014. These changes are provided for in Section 2(1) and Part 3 of the&nbsp;<a title="" style="" href="http://ezine.lawsociety.ie/1waeuti9sc9-4xgk648pto?a=6&amp;p=44247595&amp;t=22901495" target="_blank">Courts and Civil Law (Miscellaneous Provisions) Act 2013</a>.<br /><span style=""></span><br /><span style=""></span>From 3rd February, the new limits of the civil jurisdictions will be:<br /><span style=""></span><br /><span style=""></span><ul style=""><li style="">District Court: &euro;15,000.&nbsp;</li><li style="">Circuit Court in civil proceedings (other than personal injury claims): &euro;75,000.</li><li style="">Circuit Court for personal injury actions as defined in&nbsp;<a title="" style="" href="http://ezine.lawsociety.ie/16ccc6i9ch5-4xgk648pto?a=6&amp;p=44247595&amp;t=22901495" target="_blank">Section 2 of the Civil Liability and Courts Act 2004</a>: &euro;60,000. <br /></li></ul></div>]]></content:encoded></item><item><title><![CDATA[Pryite Resolution Act 2013]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/pryite-resolution-act-2013]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/pryite-resolution-act-2013#comments]]></comments><pubDate>Tue, 28 Jan 2014 11:54:41 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/pryite-resolution-act-2013</guid><description><![CDATA[       This act provides for the making of a scheme for certain dwellings  affected by pyrite. It provides for the establishment of the Pyrite  Resolution Board to manage the implementation of the scheme. The scheme is only at outline stage and is subject to approval by the minister.Outline of the Proposed Scheme The general aim of the scheme is to  procure the remediation of private dwellings with significant damage  caused by pyritic heave of hardcore under floor slabs.  The following conditio [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-thin " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/5713750.jpg?203" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph" style="text-align:left;">This act provides for the making of a scheme for certain dwellings  affected by pyrite. It provides for the establishment of the Pyrite  Resolution Board to manage the implementation of the scheme. The scheme is only at outline stage and is subject to approval by the minister.<br /><br /><font size="1"><span style="font-size: 20px;"><br />Outline of the Proposed Scheme </span></font><span style="font-size: 12px"><br /><span><br /><span></span></span>The general aim of the scheme is to  procure the remediation of private dwellings with significant damage  caused by pyritic heave of hardcore under floor slabs.<br /> <br /> <strong>The following conditions must be satisfied for a dwelling to be deemed eligible for&nbsp;remediation under the scheme:</strong></span> <ul><li> 		<span style="font-size: 12px">Dwellings must be located in one of the five local authority areas of Fingal, Dublin City, Meath, Kildare and Offaly;</span></li><li> 		<span style="font-size: 12px">Dwellings must have been constructed between 1st January 1997 and 1st July 2012;</span></li><li> 		<span style="font-size: 12px">The dwelling must have been purchased or built on the applicant&rsquo;s own site between&nbsp; 1st January 1997 and 1st July 2012;</span></li><li> 		<span style="font-size: 12px">Dwellings must have been occupied before 1st July 2012;</span></li><li> 		<span style="font-size: 12px">Dwellings must have been assessed,  tested and certified as having significant damage attributable to pyrite  heave, in accordance with&nbsp; Irish Standard 398&ndash;1: 2013;</span></li><li> 		<span style="font-size: 12px">The application must be accompanied by a  Building Condition Assessment carried out by a competent person and  presented in the format set out in Annex A, pages 28 to 33, of the above  standard;</span></li><li> 		<span style="font-size: 12px">The application can be made by or on behalf of the owner of the dwelling;</span></li><li> 		<span style="font-size: 12px">It must be shown to the satisfaction of  the Pyrite Resolution Board that there is no other viable avenue of  redress open to the applicant.</span></li></ul> <span style="font-size: 12px">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <em>Note: Unfinished houses or those that were never sold are not covered by this scheme.</em><br /> <br /> <strong>Once a dwelling is deemed eligible and is included in the Pyrite  Remediation Programme, the following costs will be met out of the  Pyrite Remediation Fund:</strong></span><br /> <ul><li> 		<span style="font-size: 12px">The sampling, testing and reporting of the hardcore;</span></li><li> 		<span style="font-size: 12px">The Categorisation Report on the dwelling in accordance with I.S. 398-1: 2013;</span></li><li> 		<span style="font-size: 12px">The preparation of specification and scheduling of remediation works in accordance with I.S. 398-2: 2013;</span></li><li> 		<span style="font-size: 12px">The management of the tendering process and commissioning of the remediation works;</span></li><li> 		<span style="font-size: 12px">The remediation of the dwelling as per specification and schedule to the required standard;</span></li><li> 		<span style="font-size: 12px">The monitoring and inspection of works, snagging and final certification.</span></li></ul><span style="font-size: 12px"></span></div>]]></content:encoded></item><item><title><![CDATA[Local Property Tax Surcharge]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/local-property-tax-surcharge]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/local-property-tax-surcharge#comments]]></comments><pubDate>Fri, 09 Aug 2013 13:17:25 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/local-property-tax-surcharge</guid><description><![CDATA[        Local Property Tax - SurchargeWe would advise our clients that they may face a surcharge in respect of Income Tax, Corporation Tax or Capital Gains Taxeven if those returns are filed on time but a Local Property Tax return or payment is outstanding. The Revenue Commissioners issued the following notice on the 8th August 2013."If you file your  Income Tax, Corporation Tax or Capital Gains Tax Return on time, but at  the date of filing:you have failed to submit your Local Property Tax (LPT [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:left"> <a> <img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/5627649.jpg?223" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div class="paragraph" style="text-align:left;"><span></span> <strong style="">Local Property Tax - Surcharge</strong><br /><br /><br /><span></span>We would advise our clients that they may face a surcharge in respect of Income Tax, Corporation Tax or Capital Gains Tax<br />even if those returns are filed on time but a Local Property Tax return or payment is outstanding. <br /><br /><span>The Revenue Commissioners issued the following notice on the 8th August 2013.</span><br /><font color="#24678d"><br /><span></span>"If you file your  Income Tax, Corporation Tax or Capital Gains Tax Return on time, but at  the date of filing:<br /><span style=""></span></font><ul style=""><li style=""><font color="#24678d">you have failed to submit your Local Property Tax (LPT) Return or, </font></li><li style=""><font color="#24678d">you have failed to pay the LPT due or, </font></li><li style=""><font color="#24678d">you have not entered into an agreed arrangement to pay the LPT due, </font></li></ul><font color="#24678d"> a surcharge of 10% of the IT/CT/CGT liability will be applied to your notice of assessment automatically.<br /><span style=""></span><br /><span style=""></span> Anyone who has household charge arrears/LPT of &euro;200 will also be  subject to the 10% surcharge when the IT/CT/CGT Return is filed. Revenue  systems will be in place in September 2013 to pay and file the  household charge arrears/LPT. In the meantime, anyone wishing to pay the  household charge arrears/LPT can do so by way of cheque or postal order  (made payable to Revenue) which should be sent to the Local Property  Tax Branch, Revenue Commissioners, PO Box 1, Limerick. It is recommended  that you write the relevant Property ID and your PPS Number or Tax  Reference Number on the back of the cheque/postal order. Alternatively,  the &euro;200 can be paid using your debit or credit card by calling the LPT  Helpline on 1890 200 255."</font><br /><span style=""></span><br /><span style=""></span></div>]]></content:encoded></item><item><title><![CDATA[Recent Report from the Private Residential Tenancies Board]]></title><link><![CDATA[https://www.cullensolicitors.ie/news/6th-august-2013-recent-report-from-the-private-residential-tenancies-board]]></link><comments><![CDATA[https://www.cullensolicitors.ie/news/6th-august-2013-recent-report-from-the-private-residential-tenancies-board#comments]]></comments><pubDate>Tue, 06 Aug 2013 16:04:13 GMT</pubDate><category><![CDATA[prtb]]></category><guid isPermaLink="false">https://www.cullensolicitors.ie/news/6th-august-2013-recent-report-from-the-private-residential-tenancies-board</guid><description><![CDATA[ __Most of the cases dealt with by the Private  Residential Tenancies  Board (PRTB) last year related to landlords  retaining deposits. The  board&rsquo;s annual report, recently published, revealed that 37 per cent of  applications dealt  with deposit retention and it remained the most  common reason for  parties seeking dispute resolution. &ldquo;A  landlord  is only entitled to retain a deposit where there is damage in  excess of  normal wear and tear, or where there are rent arrears or  util [...] ]]></description><content:encoded><![CDATA[<span class='imgPusher' style='float:left;height:0px'></span><span style='z-index:10;position:relative;float:left;;clear:left;margin-top:0px;*margin-top:0px'><a><img src="https://www.cullensolicitors.ie/uploads/2/1/4/4/21449194/906674797.jpg" style="margin-top: 5px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:1px;padding:3px;" alt="Picture" class="galleryImageBorder" /></a><span style="display: block; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;"></span></span> <div class="paragraph" style="text-align:left;display:block;"><span style="display:none;">_</span><span style="display:none;">_</span><br /><span></span>Most of the cases dealt with by the Private  Residential Tenancies  Board (PRTB) last year related to landlords  retaining deposits. The  board&rsquo;s annual report, recently published, revealed that 37 per cent of  applications dealt  with deposit retention and it remained the most  common reason for  parties seeking dispute resolution. <span></span><br /><span style=""></span><br /><span style=""></span>&ldquo;A  landlord  is only entitled to retain a deposit where there is damage in  excess of  normal wear and tear, or where there are rent arrears or  utility bills  outstanding,&rsquo;&rsquo; said the report.<br /><span style=""></span><br /><span style=""></span>  			 					     		    		 	                  			In all, the board received  2,272 dispute  applications, with 836 of those dealing with deposit  retention and 719  rent arrears. &ldquo;Rent arrears is the most common reason  for a landlord to  refer a dispute,&rsquo;&rsquo; said the report. &ldquo;Tenants are  required by law to pay  their rent when it falls due, regardless of  whether or not they are in  an ongoing dispute with their landlord.&rsquo;&rsquo;<br /><span></span></div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>]]></content:encoded></item></channel></rss>