Property Department , Healy O’Connor Solicitors Dublin and Cork

http://www.independent.ie/business/the-weekly-shopping-trip-just-got-a-whole-lot-more-complicated-3110730.html

Shane Healy, Healy O’Connor Solicitors, Cork and Dublin.

Residential and Commerical Property Department,

Healy O’ Connor, Solicitors,

Cork and Dublin

The number of people with a medical card in Ireland has increased by more than 400,000 between 2008 and 2012. Furthermore, those covered by GP visit cards increased by over 6% between 2011 and 2012. As a result of the increase in numbers of public patients, the workload of GPs has grown considerably. However, on the other hand, the number of private patients has diminished. Due to reduced incomes and growing insurance and other costs relating to GP services, GPs are struggling to maintain a high standard of care for their patients.

This difficulty to maintain appropriate standards of care is becoming acute given that the population is ageing, the increase in health costs, the decrease in available funds to public health services and the growing incidence of chronic disease.  This difficulty is to be addressed by the AGM of the ICGP which is to take place in Galway from May 10th to 13th next. Despite the reduction in medical income, GPs have been obliged to maintain their previous staff levels in order to address the increasing number of public patients. As a result of cuts to hospital services, more work has transferred from the hospital sector into general practice.

Furthermore, while doctors, like their patients, are working and struggling to survive in dimishing financial circumstances, GPs have had to cope with patients who are experiencing stress as a result of the recession and its adverse consequences for them. This problem creates its own difficulties for doctors including stress and anxiety and consequently challenges their ability to maintain appropriate and reasonable quality of service.

While it is imperative for doctors to engage in cost efficiency – such as reducing staff or staff hours – in order to address the reduction in income, the dilemma is succeeding in doing so while at the same time  maintaining quality of service and preventing medical negligence and other claims.

Carmel Keane

Head of Health Law Department

Healy O’ Connor Solicitors

The plaintiff in the case gave evidence that he had to abstain from having sex with his girlfriend until he received all clear results from HIV and hepatitis some six months after the accident. The judge found the hotel involved had breached its duty of care to the plaintiff as a needle had been found on the floor. This duty would have involved keeping the premises safe and clean for use by the public.

Having dealt with a number of these cases in the past the award marks a good result for the plaintiff in this case.

The powers that can be given by a donor to an Attorney may be wide such as powers to carry out all acts on behalf of the donor or restricted to certain acts such as those relating to the ongoing care of the donor. The donor must give notice of the execution of the enduring power as soon as practicable to at least two persons one of whom may be an attorney under the power. At least one must be the donor’s spouse, if living with the donor. If the donor is unmarried, widowed or separated, notification must be given to a child of the donor (if applicable) or otherwise to any relative (i.e. parent, sibling, grandchild, widow/er of child, nephew or niece) as well as to the Register of the Wards of Court.

Before applying for registration of this power, the attorney must give written notice of intention to do so to the donor and to the persons the donor notifies of the execution of the enduring power. The donor and these persons (if they are not then available, certain of the donor’s relatives) will be able to object if the donor or they disagree with registration. As stated, the enduring power will not come into force until it has been registered.

Some clients have expressed concern that they will lose the power to manage their own affairs as soon as they sign Enduring Powers of Attorney. That is not the case. As stated, an Enduring Power of Attorney cannot be registed to be effective until a Medical Practitioner certifies that a donor has lost mental capacity to manage his or her affairs. Even where a Medical Practitioner does so, the donor or his or her nominees may dispute the lack of capacity.

Generally, Enduring Powers of Attorney can be very useful and, in particular, lessen worries that both donors and their relatives may have as to dealing with a person’s affairs and care when that person is no longer mentally capable of managing themselves or their affairs.

Wills, Estate Planning and Administration of Estates Department,

Healy O’ Connor, Solicitors

1. If not using a solicitor get the deed paper (Judicature) in a legal stationers first.

2. Then go to Judgments Section of the Central Office of the High Court (in the Four Courts in Dublin)

3. They will give you the examples (precedents) of Deed polls and help you.

4. You then need an Affidavit of Attesting Witness (someone who will swear that you filled out the Deed Poll Correctly)

5. Go back to the Central Office and they will show you where to pay the stamp duty (32 euros).

6. Then take the Deed Poll, the Affidavit and your Original Birth Certificate and lodge it by hand back at the Central Office.

7. If all in order it will be accepted and issued in 3 weeks.

So remember this all has to be done by hand. Its tricky but you can do it!

Shane Healy, Healy O’Connor, Solicitors Cork and Dublin.

Where it is established that a consumer has been mis-sold Payment Protection Insurance, compensation and a refund in the premium paid will have to be made by the financial institution from whom the Insurance Policy was purchased. A similar situation has arisen in Britain where British Banks have set aside billions to compensate British customers who were mis-sold Payment Protection Insurance. It would seem that that same mis-selling tactics employed in Britain were employed in Ireland by financial institutions.

From the investigations carried out by Healy O’ Connor into Payment Protection Policies purchased by certain consumers, a number of similarities have arisen. Those who sold Payment Protection Insurance Policies to these consumers were trusted advisors to the consumers who encouraged and advised the consumers to purchase these Payment Protection Insurance Policies. Furthermore, these consumers relied on the representations made by and the advice given by their trusted advisors and purchased the Payment Protection Insuranc Policies in many cases being obliged to discharge significant premiums in doing so. The provisions in the Payment Protection Policy documents often did not correspond with the representations made to these consumers who were shocked to discover that the provisions of the insurance policies differed substantially from the representations made to them as to the workings of the Payment Protection Insurance Policies. Unfortunately, the events against which these consumers purchased the Payment Protection Policies arose and the consumers were shocked and angry to discover that they could not invoke the Payment Protection provisions of these Insurance Policies.  In many cases, these consumers were ineligible to invoke the payment protection provisions. Many consumers have tried themselves to contact their financial institutions to address their concerns with the Payment Protection Insurance but have not received resolution and are frustrated and exasperated by the failure of those who sold the Payment Protection Insurance to resolve the concerns that have been raised. Healy O’ Connor Solicitors encourage all consumers who have taken out personal loans, mortgages or have credit cards to contact us as they may have been mis-sold insurance and, if that is the case, are entitled to a considerable refund.

Insolvency Department, Healy O’Connor Solicitors, Cork and Dublin.

Litigation Department, Healy O’Connor Solicitors, Cork and Dublin.