# "Next Friend" Appointed by Court: mother 89 has dementia and is in Nursing Home



## pnh (5 Feb 2009)

I am hoping someone can clue me in as to what exactly is : "Next Friend Appointed by Court"-and how one goes about assuming that status on behalf of-my mother who is in a HSE nursing home-she is 89 and has dementia.

To be deemed a "Representative with Legal Authority" I must legally one of three things:

1) A person with an Enduring Power of Attorney
Postings here and elsewhere indicate that it is too late for this.

2) Ward of Court
For what is involved this seems to be too complex and as is mentioned in some other post seems indeed to be a " sledgehammer to crack a nut"

3) *"Next Friend"* appointed by court.

I have searched for info on this but cannot find anything

Does anyone know exactly what this is,what is involved,and how u go about it.


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## Caveat (5 Feb 2009)

*Re: Next Friend Appointed by Court*

Don't think this specifically mentions Irish law but it's a start:

http://en.wikipedia.org/wiki/Next_friend


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## carrielou (5 Feb 2009)

*Re: Next Friend Appointed by Court*

My Mam has Alzheimers. My Dad is still of sound mind.  We were bit anxious about things in regard God forbid anything happened my Dad and none of us had Power of Attorney (we had also left it too late) so we went to see my Mam and Dad solicitor.  The only real asset is the family home which has been willed a long time ago by Mam and Dad.

Solicitor told us that should anything happen to Dad, it would only be a matter of filing papers with the court and 2 doctors letters regarding my Mam's Alzheimers.

Very straight forward, this guy has been my Mam and Dad's rock for many a year and also a very highly regarded man in the Law Society and we trust him completely.

Dunno is this helps any bit, hope so


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## Vanilla (6 Feb 2009)

*Re: Next Friend Appointed by Court*



carrielou said:


> My Mam has Alzheimers. My Dad is still of sound mind. We were bit anxious about things in regard God forbid anything happened my Dad and none of us had Power of Attorney (we had also left it too late) so we went to see my Mam and Dad solicitor. The only real asset is the family home which has been willed a long time ago by Mam and Dad.
> 
> Solicitor told us that should anything happen to Dad, it would only be a matter of filing papers with the court and 2 doctors letters regarding my Mam's Alzheimers.
> 
> ...


 
I imagine he was explaining the wards of court application.

As far as I am aware the 'next friend' appointment only exists in the context of taking a legal action against someone.

However I see in the Irish Times today that there is going to be a new simplified court appointed 'personal guardian' created by the Mental Capacity Bill due to be published at Easter which should simplify matters.


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## pnh (6 Feb 2009)

*Re: Next Friend Appointed by Court*

Well thanks for replies but I am not much wiser.I think you are wrong about the Next Friend" situation -I am not taking legal action against anyone.This was a third option given in a letter from HSE relating to the Health Refund Scheme.
Your post about a new simplified procedure is very interesting however.Thanks for that.


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## Vanilla (7 Feb 2009)

*Re: Next Friend Appointed by Court*



pnh said:


> I think you are wrong about the Next Friend" situation -I am not taking legal action against anyone.


 
Why don't you ring the Wards of Court office if you think I am wrong. They are very helpful there.


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## carrielou (7 Feb 2009)

*Re: Next Friend Appointed by Court*

However I see in the Irish Times today that there is going to be a new simplified court appointed 'personal guardian' created by the Mental Capacity Bill due to be published at Easter which should simplify matters.[/quote]

That would be a great thing, must keep eye out for it.  Would be much easier and I presume less costly at the end of the day.


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## pnh (7 Feb 2009)

*Re: Next Friend Appointed by Court*



Vanilla said:


> Why don't you ring the Wards of Court office if you think I am wrong. They are very helpful there.


Yes I think I will have to do that.I just hoped someone on here may have experienced the "Next Friend" thing.

The possibility of a new simplified procedure is interesting-but in my case may come to late.
Thanks for responses anyway


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