Best ways to safeguard your family’s future

Coronavirus is no barrier to setting up wills and Powers of Attorney – to the benefit of you and loved ones

THE unprecedented events of recent months have brought into sharp focus how important it is to get your finances and other affairs in order.

So it is little wonder solicitors are reporting a marked increase in demand for wills and Powers of Attorney from people worried about coronavirus.

Too many of us put our life admin on a to-do list but, should the worst happen when you least expect it, you could leave your loved ones sorting out a mess.

In the midst of their grief and upset, do you really want them to have to sort out your estate with the uncertainty over whether they are carrying out your wishes?

Issues they might have to tackle include dividing up your estate and arranging for the care of dependents.

You don’t need to be elderly or in ill health to sort out the necessary paperwork and organisation.

As the coronavirus pandemic has shown us, you never know when you might need these important documents to be in place.

While it is possible to arrange your will by yourself, this is only effective if it has been signed, attested and witnessed properly. But more court time is taken up with people who have written their own wills than those that are professionally written because they are not correct.

Fortunately, it is still possible to arrange both a will and Power of Attorney (POA) during the current Covid-19 crisis.

And you can still do so while observing government guidance of social distancing, self-isolating and shielding.

Why make a Power of Attorney? If you were ill, if you were unconscious, if you were too medicated or if you had lost capacity, who can access your bank accounts, pay bills and make medical decisions on your behalf ?

The short answer is no one. Many people assume that their spouse or children can do all of these things but it’s simply not the case nowadays.

A POA should be put in place early and, most importantly, when you still have the capacity to do so.

Mental capacity describes a person’s ability to make decisions that might be affected if they suffer an illness, such as coronavirus.

Being unwell does not automatically mean someone lacks mental capacity but, where a person’s mental capacity is in doubt, a healthcare professional will carry out an assessment in relation to the specific condition that the person is suffering.

However, it makes sense to protect your finances and welfare by giving a trusted family member or a friend legal Power of Attorney in advance.

This is a simple process costing much less than people imagine and, once it is done, it lasts for your lifetime.

In Scotland, a Power of Attorney needs to be witnessed by one person and solicitors must certify that people who sign POAs have the capacity to do so – and that they are not being pressured into signing the document by the person gaining the powers.

Face-to-face meetings enable solicitors to make these judgments with confidence. But video meetings are now commonplace, allowing solicitors to complete fulfilment of an instruction to have a Power of Attorney granted and registered, while maintaining safety health safety measures.

The necessary documents can be sent as a PDF via email or posted and then signed while being videoconferenced before being mailed back to the solicitor.