What Exactly Is A Power Of Attorney?

A Power of Attorney is a document that legally appoints someone to act on our behalf, should you become unable to manage your own affairs. This document gives someone the authority to take action or make decisions on your behalf.

When Should I Do This?

You can grant the power at any time when you are over 18 years of age and mentally capable of understanding exactly what an Enduring Power of Attorney is and the responsibilities that come with it. You can decide when the Enduring Power of Attorney comes into effect as you can include conditions and restrictions within the document. You do not have to include all your assets in this, you may choose to exclude certain areas, such as the sale of your house.  You can also cancel or change your Enduring Power of Attorney at any time when you are mentally capable. There may also come a time when the attorney you choose may no longer wish to act on your behalf or other circumstances change, therefore impacting you, should this happen, you can appoint a new attorney.

How Does a Power of Attorney Become Effective?

Enduring Powers of Attorney need to be registered with the High Court. However, registration is not required until you reach a point in your life where your attorney believes you are no longer capable of managing your own affairs. Should this happen, your attorney will need to apply to the High Court for registration of this power. The court will notify you and should the court not be satisfied that the attorney is acting in your best interest, they have the authority to cancel the attorney’s power at any time.

Choosing an Enduring Power of Attorney

Being appointed as an attorney is a very responsible role. When considering appointing a person, it is important to consider the following:

• Choose someone you trust completely as they will be making very important and serious decisions on your behalf

• Ensure this person is willing to act for you and they are aware of that is involved in this trusted position
• Consider the age of the person you are choosing as your attorney. Someone of the same age as you may not be the best to act on your behalf as they may eventually have their own health issues and may not be fit to take this role on

• You can have more than one attorney if you wish.

• The appointed person must be aware of the scope of their authority and the responsibilities associated with being a Power of Attorney. It is important to be aware of Article 5 of the Enduring Power of Attorney Order (Northern Ireland) 1987.

For further legal advice on Enduring Power of Attorney, please contact us at 028 7963 2030 or email info@bernadettemulholland.com.

The post <strong>Power Of Attorney</strong> appeared first on Bernadette Mulholland Solicitors.

• Incorrect treatment administered
• Misdiagnoses or delayed diagnosis
• Surgical errors
• Substandard care

Unfortunately for some patients, the outcome of medical negligence can be life-changing as you may be unintentionally injured as a result of the negligence or your health may worsen due to negligence.

Where can Medical Negligence occur?

Healthcare professionals have a duty to care for you and treat you in a way which is of accepted medical standard. Medical professionals can include GP’s, doctors, nurses, dentists, midwives, hospital staff and all other healthcare professions. Unfortunately, errors can happen in any healthcare setting and at any time.

How Much Compensation Could I Be Entitled To?

Medical negligence cases can be complex and the value of compensation for medical negligence you may be entitled to very much depends on the circumstances of the case. This includes the extent of your injuries, the impact the negligence has had on you and your family and how it has affected daily life and ability to undertake and enjoy activities. The claim will also take into consideration expenses or losses incurred as a result of the negligence as well as future treatment costs and other associated expenses.

If you have suffered due to medical negligence, it is always best to avoid delay and seek legal advice as soon as possible. It is also important to keep any documentation that is relevant to your treatment and retain documents that show your financial losses such as invoices, wage slips or accounts. We also advise clients to keep a note of any difficulties that the injury causes as well as dates and information on discussions with your medical practitioner concerning the issues. 

Seeking Legal Advice For Medical Negligence

We have secured compensation for victims of medical negligence and we are here to support you through this difficult time and ensure you receive the compensation you deserve. Our compassionate team will guide you every step of the way. To speak to a member of our legal team about a medical negligence case, please contact us at 028 7963 2030 or email info@bernadettemulholland.com.

The post <strong>What is a Medical Negligence Claim?</strong> appeared first on Bernadette Mulholland Solicitors.

Separated Parents

When separated parents fail to reach an agreement with each other about future arrangements for their children, there are a number of services which can be helpful for opening up communication channels and resolving issues without the need to take the case to court. Each family case is different and the progress and overall outcome very much depends on unique circumstances.

As an experienced family law firm, we advise parents going through a family breakdown to attend family meditation and therapy services to try to resolve paternal responsibility in the best interest of the child, as an alternative to going to court. As a family law firm, we can assist you with this process as we attempt to resolve issues constructively in the best interest of the children without going through the court procedure, thereby attempting to limit the trauma associated with the family separation.

There are a number of agencies in Northern Ireland that can assist with the amicable resolution of disputes between parents. Not all cases go to court and this is where a solicitor can assist you in the application of orders such as contact orders, parental responsibility orders and residence orders.

What happens when a case is referred to court?

When parents cannot reach a voluntary agreement on the future care of their child and all associated matters, the court will make arrangements for the child. These arrangements will include deciding where the child will live, when they will see the parent they do not live with and how long this visit will last as well as other matters relating to the care of a child. Although the child will not attend the court, the judge often requests the opinion of professionals concerning what is in the best interest of the child. Practical arrangements will also be considered such as location of both parents, travel arrangements and working hours etc.

Cases regarding access to children are argued on what the best interests of the child are rather than what the parents consider to be right. In Northern Ireland, child arrangement cases are heard at three courts with most cases commencing at the Family Proceedings Court:

1. Family Proceedings Court

This is where all child access cases begin and are heard by a District Judge at a Magistrates’ Courts.

• County Court

Complex child access cases are transferred to the County Court or Family Care Centre where cases are heard by a County Court Judge.

• High Court Family Division

The most complex of child access cases are transferred to the High Court where cases are heard by a High Court Judge.

Contact Bernadette Mulholland Solicitors

At Bernadette Mulholland Solicitors, we understand that this is a highly sensitive time as you deal with many difficult issues. We are here to help you deal with disputes involving your children and ensure you get the right outcome for you and your children. We are experienced at dealing with complex and challenging cases and we are available to speak to you in confidence. Please contact us on 028 7963 2030 or email info@bernadettemulholland.com.

The post Child Access Cases and the Law appeared first on Bernadette Mulholland Solicitors.

In Northern Ireland divorce commences with lodging a Petition to the relevant court along with all the required documents. In this Petition you will cite the reason why the marriage has irretrievably broken down. There are two stages to the Divorce, the decree nisi hearing and the application for the decree absolute. In Northern Ireland, the Petitioner will attend court to adopt their evidence for the nisi hearing.

Does it matter who lodges the Petition?

If you lodge the Petition you are the Petitioner with the Petition served on your spouse or civil partner. Your spouse or civil partner is referred to as the Respondent and they are required to respond to your Petition.

Is Legal Aid available for Divorce proceedings?

If you are eligible, legal aid may be available to issue divorce proceedings. However, legal aid applications take some time to process, we can discuss this directly with you.

What do I need to get a Divorce?

You need to establish you have grounds to proceed with divorce. The petitioner must have evidence to prove that the marriage has broken down and there is no possibility of reconciliation. In Northern Ireland, you must prove one of the following grounds to proceed with the divorce process:

1. Adultery
2. Unreasonable Behaviour
3. Desertion
4. Living Apart for Two Years (and the Respondent consents to the divorce)
5. Living Apart for Five Years

Following discussion with you, our legal team will advise which grounds are the most appropriate based on your circumstances.

Service and acknowledgement of proceedings on your spouse

After the papers have been lodged and processed, the court will send a certified copy of the papers back to the petitioning party for them to forward to your spouse or civil partner (The Respondent). Once the petition has been served, the Respondent has seven days to complete the acknowledgement of service and return. If the respondent chooses not to, the petitioner must prove that the other party received the petition notification.

The Court Hearing

At this stage, if the court is satisfied with the evidence submitted and the respondent consents to the divorce and there are no other outstanding issues, the court may grant a Decree Nisi.

However, if the respondent does not consent and defends the petition, the court may ask you to give evidence and be cross-examined by the Respondent’s legal representative.

Decree Absolute

A decree absolute is a court issued document, which concludes the divorce process and is granted by the court in response to an application from the petitioner 3 – 4 weeks after the issue of the decree nisi, or an application by the respondent at least three months after the event.

To speak to a member of our legal team concerning divorce proceedings in Northern Ireland, please contact us on 028 7963 2030 or email info@bernadettemulholland.com.

The post Divorce In Northern Ireland appeared first on Bernadette Mulholland Solicitors.

At Bernadette Mulholland Solicitors, we provide clear, jargon-free legal advice on separation and divorce in Northern Ireland. We are compassionate and understanding and can guide you every step of the way, achieving the best resolution possible for you and your family at this highly sensitive time in your life.

Understanding the Five Grounds for Divorce in Northern Ireland

In Northern Ireland you must have been married for a minimum of two years before you can petition for a divorce. If you and your spouse have been living separately for at least two years and your spouse consents to divorce proceedings, you can proceed with a no fault divorce.

• Unreasonable behaviour

Unreasonable behaviour refers to a situation within a marriage whereby your spouse has been verbally or physically abusive to you. If can also apply in circumstances where there are drug or alcohol additions resulting in difficulties living together. Divorce can be granted on the ground of unreasonable behaviour where this can be illustrated.

• Adultery

If your spouse has committed adultery during your marriage, this can be a ground for divorce. However, you must be able to prove that adultery has been committed. If you continue to live with your spouse for more than six months after they have committed adultery, this can no longer be used as a ground for divorce.

• Desertion

Desertion is also a ground for divorce and refers to a situation whereby your spouse has left you for at least two years without your consent and without clause with no intention of returning.

• Live Apart For 2 Years

If you and your spouse or partner have lived apart for more than two years and both parties agree to divorce proceedings, then you can do so without attributing blame.

• Lived Apart For 5 Years 

You may also divorce without consent if you and your spouse or partner have lived apart for over 5 years.  

Contact Bernadette Mulholland Solicitors

If you wish to speak to a member of our legal team about family law, please call us on 028 7963 2030 or email us info@bernadettemulholland.com.

The post Divorce In Northern Ireland appeared first on Bernadette Mulholland Solicitors.