These are tough times for those of us who jumped on the roller coaster and went for the ride. When the banks were throwing it around we went mad on investments.  We bought all kinds:  cars, boats, giant flat screens, foreign property… but most of all, we bought apartments.  The monthly rent is now bringing in less than the mortgage repayment and the value has slipped into negative equity.  Even if we wanted to sell we can’t because nobody out there would dream of throwing good money at an apartment in these times.

Then, to add further misery to an already miserable situation we have to contend with management matters.  The day the deal was struck the solicitor went on a bit about management companies but there was so much else to think about that it didn’t sink in.  Later when the keys were handed over he said some more about keeping an eye on management.  Again, it didn’t register because all thoughts were on the tenants and bringing in the rent.  Now, it’s not just about the flat or the rent but the common areas; the parking problems; the lift that doesn’t work; the roof that is letting in water after the big freeze in January.  Who is looking after the mess?

The problem is made all the worse by  the developer, who held on to a clatter of apartments for himself.  They are all empty and he has gone bust.  The common areas have not been signed over to the management company which has, itself, been struck off the register leaving the unit owners with unsaleable assets.   Because the occupiers of the apartments are all tenants there are no owner occupiers to get together to form a committee or something to keep the place in one piece.  The investors have all run for cover and no one seems to want to take responsibility.

So, aswell as  losing money on a monthly basis the chances of redeeming anything appear forlorn.  Despite all this, the time to act is now.  Begin by picking up that phone and fixing an appointment to see your solicitor.

Accidents happen.  No one is immune to personal injury.  When it happens it is very often someone else’s fault.  Most people carry insurance as a form of protection against such an eventuality.  Fault is not always easy to ascribe.  There can often be an element of contributory negligence.  The insurance policy usually requires the insured person not to accept blame even if it seems obvious.  So don’t be surprised if an apology is not forthcoming.

Personal injury is calculated in terms of damages and there are 2 types: special and general.  Special damages are measured, that is, they can be assessed by adding up receipts for payments like the doctors bill or the cost of replacing a car.  General damages are much more difficult to determine because they have to do with the value of physical damage, eg. a scar on the face of a young lady.

At Partners at Law we have developed the art and the skill of handling claims over 40 years of practice.  If you want to know more give Rory a call.  It won’t cost you.  He is waiting to hear from you.

If you are thinking of buying a house and this is your first time maybe we can sort you out.  We are offering a special recession rate of €990 + vat and outlay regardless of the price.  We believe this is competitive and attractive.  Click on the quote tab on the website and we will do the rest.  Ethna and Justin are on standby.

• intellectual disability
• dementia
• mental illness
• acquired brain injury
• inability to communicate decisions

In Ireland a will speaks from death so a “living will” is a bit of an oxymoron. Instead we prefer to call this concept an advance directive. The best way we have of expressing this solution is to make *an enduring power of attorney*, or EPA for short. An EPA is a legal instrument signed by a donor appointing an attorney or attornies to conduct the business of the donor in the event that the donor becomes mentally incapable of looking after his/her affairs. The donor may also direct the attorney to carry out personal care decisions on behalf of the donor.

An EPA is usually made at the same time as a will. An executor and an attorney need not be the same although they generally are. The EPA is held by the solicitor with the will but may never be needed. A doctor’s certificate is required at the outset and 2 relatives of the donor must be notified. To become effective the EPA has to be registered in the High Court. The certificate of registration then becomes the legal instrument recognised by others to give control of the donor’s assets to the attorney and to enable personal decisions to be made concerning the donor. This can only happen if a doctor agrees that the donor has lost his/her mental faculties.

Of necessity, this two tier process is complex, involving the filing of no fewer than 14 legal documents in Court. In Partners at Law we have developed, along with the Law Society of Ireland, a sophisticated computer program designed to simplify the experience for our clients. We hope that you will give us an opportunity to show it to you.