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Elder Law Solicitors

Protecting the Dignity, Wealth, and Autonomy of Older Adults

As we grow older, planning for the future becomes increasingly important.

Whether you are safeguarding your own interests or helping an aging parent navigate legal and financial decisions, having the right legal protections in place can provide certainty, dignity, and peace of mind.

At Martina Murphy Solicitors, we help individuals and families prepare for the future through practical legal planning designed to protect personal autonomy, family wealth, and long-term wellbeing.

The Challenges of Aging and Future Planning

Many families face difficult questions when a loved one begins to experience declining health or reduced decision-making capacity.

Common concerns include:

• Who will manage financial affairs if capacity is lost?
• How can healthcare decisions be protected?
• What legal authority is required to assist an elderly parent?
• How can family assets be preserved?
• What happens if no planning arrangements are in place?

Without proper legal safeguards, families may face significant delays, expense, and court involvement during already challenging circumstances.

We help clients put effective plans in place before problems arise.

Our Elder Law Services

We provide comprehensive legal support tailored to the needs of older adults and their families.

Enduring Powers of Attorney (EPA)

An Enduring Power of Attorney allows an individual to appoint trusted representatives to manage financial and personal affairs if they lose decision-making capacity in the future.

We assist with:

• Drafting Enduring Powers of Attorney
• Registration requirements
• Legal compliance
• Future planning strategies

Fair Deal Scheme Guidance

The Nursing Home Support Scheme (Fair Deal) can have significant financial implications for families.

We provide advice regarding:

• Eligibility considerations
• Financial assessments
• Property implications
• Family farm and business concerns
• Long-term asset protection strategies

Decision-Making Representative Applications

Where an individual has already lost capacity and no Enduring Power of Attorney exists, legal intervention may become necessary.

We assist families with applications under Ireland's decision-support framework to ensure appropriate legal authority is obtained.

Advance Healthcare Directives

Advance Healthcare Directives allow individuals to formally record their wishes regarding future medical treatment and healthcare decisions.

These documents can provide clarity and guidance during difficult circumstances.

Elder Care and Family Disputes

Where disagreements arise regarding care arrangements, finances, or decision-making responsibilities, we provide practical legal guidance aimed at achieving constructive resolutions while protecting vulnerable individuals.

The Strategic Advantage: Planning Within the Modern Legal Framework

Ireland's legal framework for assisted decision-making has evolved significantly in recent years.

Legal documents that may once have been considered sufficient may no longer satisfy current legal requirements.

Our team maintains a detailed understanding of:

• The Assisted Decision-Making (Capacity) legislation
• Decision Support Service (DSS) requirements
• Registration procedures
• Capacity-related legal protections

By ensuring documents are prepared correctly from the outset, we help families avoid unnecessary delays and complications later.

Financial Clarity and Asset Protection

Long-term care and healthcare planning can have substantial financial implications.

We provide clear guidance on matters including:

• Family home considerations
• Farm succession planning
• Business continuity
• Estate protection
• Long-term care funding
• Future inheritance planning

Our objective is to help families make informed decisions while preserving wealth wherever legally possible.

A Dignified and Supportive Process

We understand that elder law matters often involve deeply personal and emotional family circumstances.

Our approach is designed to provide reassurance, clarity, and practical support throughout the process.

Initial Consultation

We take time to understand:

• Family circumstances
• Healthcare considerations
• Financial concerns
• Future planning objectives

Developing a Personalised Strategy

We assess your situation and recommend appropriate legal protections tailored to your specific needs.

Document Preparation and Implementation

We prepare all necessary documentation, oversee execution requirements, and assist with any registration processes that may be required.

Where mobility issues arise, we can often arrange consultations at suitable locations to accommodate clients' needs.

The Martina Murphy Difference

With over 100 years of combined legal experience, Martina Murphy Solicitors is committed to providing trusted legal guidance during some of life's most important transitions.

Clients choose us because we provide:

• Compassionate legal support
• Clear practical advice
• Comprehensive future planning
• Expertise in capacity-related matters
• Asset protection strategies
• Exceptional client care

We are dedicated to helping older adults and their families plan confidently for the future while preserving dignity, independence, and peace of mind.

Frequently Asked Questions

When should I speak with an elder law solicitor?

The best time to seek legal advice is before any concerns about capacity arise.

Early planning provides greater flexibility and ensures important legal protections can be put in place while the individual can make decisions independently.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney allows you to appoint trusted individuals to manage certain affairs on your behalf if you lose the capacity to do so in the future.

What happens if a person loses capacity without an Enduring Power of Attorney?

In those circumstances, family members may need to seek legal authority through the relevant decision-support processes in order to manage financial or personal affairs.

We can guide families through the necessary legal procedures.

Can you assist clients who are in hospitals or nursing homes?

Yes.

We understand that mobility and health issues can make travel difficult.

Where appropriate, arrangements can often be made to meet clients in hospitals, nursing homes, care facilities, or private residences.

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Disclaimer

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