If a person becomes mentally incapacitated and can no longer make decisions, we can assist the family or close friends in appointing a controller to manage his or her affairs. At James McNulty & Co Solicitors, we have an in-depth experience of law for the elderly and strive to deal with cases involving controllership with sensitivity and compassion. We understand that family members may be under considerable stress when seeking the appointment of a controller; therefore, you can rest assured that we will manage the situation calmly, quickly and competently.
A controller is a person appointed by the Office of Care and Protection (OCP) of the High Court to manage the property and financial dealings of any adult who is mentally incapable of doing so themselves. Typically, a controller will be a family member or friend of the patient but may be appointed by the court if necessary. Before a controller is appointed a notice is served on the patient and other family members advising that the procedure is underway and allowing the patient the opportunity to object.
If the Master of the High Court is satisfied on the basis of medical evidence that a patient is mentally incapable of managing their personal property and financial affairs and the patient has assets or income requiring management, a controller should be appointed.
Once appointed a controller will remain in charge of a patient’s affairs unless the court is satisfied: –
- The patient has recovered.
- An order is no longer necessary.
- The controller is replaced by retirement or otherwise.
- The patient dies.
Once a controller is appointed the patient is no longer deemed legally capable of managing their financial and property affairs. The controller’s powers are limited to those set out in the court order by which the controller is appointed and will only ever extend to financial and property matters pertaining to the patient. The controller has no authority to manage health, social and welfare matters for the patient.
Let us help
Our solicitors will ensure that the appointment of a controller for your loved one is managed with care and compassion.
To talk to us further about how we can support you in making an application for controllership, please call our office on 028 822 42177
Our nominated charity is the Alzheimer’s Society and all staff have received training and are Dementia Friends!
I was in a very difficult position when my mother was diagnosed with Dementia. I had previously attended one of the talks given by James McNulty in conjunction with Danske Bank which had mentioned Controllership, so I contacted the firm and they sorted out all the issues for me very competently.
Shauna Allison was very understanding in our case when my father was no longer capable of managing his own affairs. Shauna organised the medical report and dealt with the High Court for us in a very prompt and efficient way whilst being pleasant and sensitive to our needs at all times.
I dealt with Deirdre McSorley when my mother had to go into a Nursing Home. Deirdre took me and my siblings through all the problems that can arise and was very giving of her time. She knows her subject very well- thanks for all your help Deidre.
Eileen Hackett advised our family regarding Controllership after the Alzheimer’s Society informed us that they are a legal firm that all staff are trained as Dementia Friends. We found the staff very accommodating and helpful in all areas for what was a very difficult period for us as a family; it was good to have a legal firm so familiar with the whole process.
A lovely firm to deal with at such a trying time for all of us as a family to come to terms with, who clearly have vast experience in this niche area of the law which unfortunately is getting so much more common.
Get in touch
To find out more about how we can assist with your legal matter, please call us on: