An Enduring Power of Attorney is different in that it will only come into effect when the Donor has lost capacity to manage their own affairs.

The process in relation to putting in place an Enduring Power of Attorney (“EPA”) has changed as a result of the Assisted Decision-Making (Capacity) act 2015 (as amended) (ADM(C)A) which commenced on the 26^th April 2023.

It is important to note that if you made a valid EPA prior to the 26^th April 2023, then these changes will not impact your EPA and it will continue to be dealt with under the previous system.

EPAs made after the 26^th April 2023 will now be made under the Assisted Decision-Making Capacity Act 2015. This allows the Donor to create an account on the Decision Support Services (“DSS”) online portal where the application can be completed and submitted along with all supporting documentation which are generated through the portal itself. In circumstances where the online portal cannot be used, there is a non-digital process however this increases the timeframe of completion as there are a greater number of steps. The monitoring and registration of EPAs will now be done by the Decision Support Services.

There are now strict registration requirements as EPAs must be registered with the DSS while you have capacity and within 3 months of the execution date.

Once the EPA is registered, it will only come in to effect after capacity is lost to make the decisions as set out in the EPA. It is at this stage the Attorney notifies the DSS.

As your Solicitors we will be able to guide you through the process from start to finish, including providing the necessary legal statements, as well be able to assist your Attorney with the required steps to notify the DSS and bring the EPA into effect if required as well as their enhanced reporting obligations required by the DSS.

It would be important to consult with us before initiating steps on the online portal.

If you would like more information on the above or would like our assistance with your own EPA application, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

The Guidelines apply to the assessment of damages in all personal injuries claims made on or after 24 April 2021. The Book of Quantum will continue to apply to proceedings commenced prior to 24th of April 2021 or where an assessment was made by the Personal Injuries Assessment Board prior to 24th of April 2021 and was deemed not to be accepted.

Ultimately these guidelines seek to reduce the levels of awards for most categories of personal injury whereby the damages awarded must be proportionate with the injuries sustained. An example of the significant reduction contained within the new guidelines can be seen in the case of a minor neck injury, which has substantially resolved within six months. This is now valued between €500.00 to €3,000.00 in contrast with the old Book of Quantum valuation, where the same type of injury is valued up to €15,700.00. A court may only depart from the new personal Injuries guidelines where it is justified in doing so and explains the reasoning for its departure in the judgment.

It has recently been reported that the average PIAB assessment in personal injuries cases has dropped by about 50 per cent in the last two months following the introduction of the new guidelines.

The implementation of the guidelines has been met with some apprehension by judges and the legal profession. It is envisaged that that there will be a large number of constitutional challenges to follow with two cases having recently been filed in the High Court seeking declarations that sections of the Judicial Council Act are unconstitutional.

The Department of Justice will report on the impact of the guidelines by December 2021, with a view to reviewing the guidelines every three years.

If you have been injured through someone’s negligence and think you may be entitled to compensation, McGrath Mullan LLP will be able to advise you as to your rights.* Please feel free to contact us on 01-8735012 or at info@mcgrathmullan.ie.

*Note – In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

McGrath Mullan LLP was instructed by the parents of a child who suffered personal injuries while in a McDonald’s restaurant.

The accident occurred when a member of staff accidentally knocked over a hot beverage cup. Unfortunately, the contents of the cup spilled on the child causing the child to suffer burn injuries.

McGrath Mullan LLP advised the parents of the child regarding the child’s right to claim compensation for the personal injuries suffered. An application was made to the Personal Injuries Assessment Board on behalf of the child and the respondent consented to the claim being assessed.

The processing of the claim took some time as it was necessary for medical advisors to allow time to pass in order to give an accurate prognosis for the child’s injuries, which included burn injuries.

Ultimately, the assessment was issued by PIAB and same was accepted by the respondent and by the client, subject to the ruling of the Court.

The PIAB assessment had to be ruled by the Court as the claimant was under the age of 18. This is basically a safeguard for underage claimants to ensure that the Court is satisfied that the interests of the underage claimant are being properly looked after by their advisers. McGrath Mullan LLP arranged for the matter to be listed before the High Court.

If you are in need of legal assistance please do not hesitate to contact us at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.