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Elder law covers the legal issues that commonly affect older adults and their families. In Kilkenny, as elsewhere in Ireland, elder law includes matters such as wills and succession, powers of attorney, capacity and guardianship, residential care and nursing-home funding, social welfare and health entitlements, and protection from abuse or financial exploitation. Local solicitors who specialise in elder law can advise on Irish statutes, court procedures and administrative schemes that apply to older people living in Kilkenny - for example succession law, the Fair Deal nursing-home support scheme, and the rules on powers of attorney and decision-making capacity.
People turn to an elder law solicitor for many reasons. Common situations include:
- Preparing or updating a will so assets pass according to your wishes and to reduce family disputes after death.
- Making a power of attorney so a trusted person can manage finances or personal affairs if you later lose capacity.
- Dealing with concerns about a relative's capacity to make decisions and exploring lawful options for support or protection.
- Negotiating and reviewing nursing-home contracts, understanding fees, or appealing Fair Deal decisions.
- Applying to the Wards of Court or responding to applications where a person is alleged to lack capacity.
- Managing disputes about elder abuse, financial exploitation or the misuse of an older person’s funds or property.
- Advising on entitlements to State supports such as pensions, carer payments, home-care packages and eligibility for means-tested schemes.
Key legal frameworks and practical law points relevant in Kilkenny include:
- Succession law - The Succession Act 1965 sets out intestacy rules and statutory rights for spouses and children. A valid will is the primary way to control who inherits.
- Powers of Attorney - The Powers of Attorney Act 1996 provides for enduring powers of attorney for financial affairs. The Assisted Decision-Making (Capacity) Act 2015 introduced wider reforms relating to capacity and decision-making supports - the Decision Support Service was created to regulate some forms of supported decision-making as the new system is phased in.
- Capacity and Court Protection - Where capacity is in dispute and serious protection is needed, the High Court may exercise its protective jurisdiction - the Wards of Court system - to make orders concerning a person’s property or personal welfare.
- Long-term residential care and funding - The Nursing Homes Support Scheme - commonly called the Fair Deal - is a State scheme that helps with the cost of long-term care. Eligibility and rates are means tested and involve both income and asset assessments.
- Health and social services - The HSE provides homecare supports and other community services; HIQA regulates residential care standards. Local HSE community teams can be important points of contact for care planning.
- Elder abuse and criminal law - Abuse, neglect or financial exploitation may engage criminal law and the Gardaí. Civil remedies and protective measures are also available.
A will is usually the first priority so the person’s wishes about their estate are clear. A power of attorney for finances and, where appropriate, a personal welfare or decision-making arrangement should also be considered. The order will depend on health, family circumstances and the person’s capacity.
An Enduring Power of Attorney is a legal document that allows someone you trust to manage your property and financial affairs if you lose capacity in the future. It is important because it avoids the need for Court-based guardianship procedures and gives the appointed attorney lawful authority to act when required. It must be executed in accordance with legal formalities to be valid.
If there is no valid power of attorney and a person lacks capacity, family members may need to apply to the Courts for the appropriate protective orders. This can include the Wards of Court process or other guardianship arrangements. Legal advice is strongly recommended because Court procedures are technical and can be lengthy.
The Fair Deal scheme helps eligible people with the cost of long-term residential care through a means-assessed subsidy. The HSE assesses income and assets to calculate a contribution. Some residents may retain a personal payment for small daily needs. A solicitor can explain assessment factors, the application process and options if an assessment or decision is disputed.
No - banks usually require legal authority such as a power of attorney or a Court order to allow a third party to operate someone else’s accounts. Trying to manage funds without authority can expose family members to criminal or civil liability. If informal arrangements are necessary in an emergency, seek legal advice and get proper documentation as soon as possible.
Challenging capacity findings or care placements can involve medical evidence, independent capacity assessments and legal proceedings. Early steps include requesting clear reasons in writing, seeking second medical opinions and engaging an elder law solicitor to advise on court options or administrative reviews. Mediation may be an alternative in family disputes.
If you suspect criminal activity, contact the Gardaí. For non-criminal concerns, contact local HSE social-work services, your GP, or community elder-support organisations. Solicitors can advise on civil remedies, injunctive relief, or steps to secure assets and obtain protective court orders.
Your spouse and children have statutory rights under the Succession Act. A valid will governs distribution, but certain family members can make claims against an estate if they lack adequate provision. If someone dies without a will, intestacy rules determine the distribution, which may not reflect personal wishes, so legal advice about wills and estate planning is important.
Legal Aid Board services are available for certain civil matters and are means tested. Some elder law matters may qualify, but availability can be limited. There are also organisations and clinics offering free or low-cost initial advice, and some solicitors provide fixed-fee services for common documents like wills and powers of attorney.
Look for solicitors who list elder law, elder care or family and probate practice areas. Ask about their experience with wills, powers of attorney, Fair Deal applications, capacity issues and Wards of Court. Ask about fees, whether they offer a first consultation, estimated timelines, and whether they use mediation or litigation more often. Check professional qualifications and client reviews where available.
Below are organisations and public bodies that often assist with elder law issues in Kilkenny:
- Citizens Information - for general information on entitlements and procedures.
- Legal Aid Board - for means-tested civil legal aid and information about eligibility.
- Health Service Executive - for HSE home-care supports, assessments and Fair Deal administration.
- Health Information and Quality Authority - for standards and complaints about residential care providers.
- Decision Support Service - for information about the Assisted Decision-Making framework and supported decision-making arrangements.
- Local Garda station - for reporting suspected criminal abuse or exploitation.
- Older persons and carers organisations such as Age Action, ALONE and Carers Ireland - for advice and local supports.
- Kilkenny County Council and local community services - for community supports and social services referrals.
If you or a family member needs legal assistance in Kilkenny, consider these practical steps:
- Gather documents - will, any powers of attorney, medical records, bank statements, and details of pensions or benefits.
- Make a list of questions and desired outcomes - this helps focus your first meeting with a solicitor.
- Contact a solicitor experienced in elder law - ask about fees, what they include, and whether an initial consultation is available.
- Explore whether you qualify for Legal Aid or local free legal clinics if cost is a concern.
- If immediate protection is required - for example suspected abuse or a financial emergency - contact the Gardaí and the HSE social-work team without delay.
- Keep records of communications, decisions and care arrangements - clear records help in disputes and applications.
Remember - this guide is for information only and is not a substitute for legal advice. A solicitor can give tailored advice based on the full facts of your situation and current Irish law as it applies in Kilkenny.
