Do you have the legal protection to ensure your wishes are adhered to?

Power of Attorney ensures that key decisions are

WE’RE all beginning to take some steps towards ‘normality’ as restrictions are eased, but the situation we’ve been through over the last 17 months or so will have caused the vast majority to reflect and consider the way we live our lives.

Some of the things we take for granted - the ability to see friends and family, for example - were taken away overnight and for many, there have been long-term changes to work and social habits.

Covid-19 has provided a stark reminder that our lives can change significantly in an instant and without warning, which has led to several vital conversations regarding how we can best prepare and protect ourselves in the future.

While we will hopefully never have to experience another global pandemic, it’s tragically an unavoidable fact that at one time or another, we’ll all end up requiring treatment for illness or injury.

And there are certain circumstances where it cannot be guaranteed that a patient will receive the best and most appropriate treatment, particularly if they are deemed to be incapacitated.

Fortunately, there is a legal provision that offers protections in these instances, called Power of Attorney. This is where the legal power is granted to someone you trust, typically a spouse, partner or other relative, and this enables them to make a series of key decisions on your behalf should the need ever arise.

Tony Marchi, Principal of ILAWS, an independent legal and Will-writing specialist in Scotland, highlighted the importance of acting quickly and the reassurance provided by having the relevant legal protections in place.

“You never know what’s around the corner so it’s essential at this time to get a Will and Power of Attorney,” he said.

“The coronavirus has shown us how uncertain life can be. Now is the perfect time to set out your wishes for the future.

“We should all have a

Power of Attorney in place as we have no idea what the future holds - who could have predicted this pandemic, for example?

“It doesn’t mean you are giving power away or not having control over your own life - Power of Attorney can only be exercised with your permission, or if you are unable to act for yourself.

“If you and your family are faced with a medical emergency, having a Power of Attorney can be a lifesaving document. If you’re in hospital, no one can make decisions for you if you can’t make them for yourself unless you have a Power of Attorney.

“And sometimes doctors won’t administer treatment or medication or carry out an operation if there’s any

risk to you, even if your spouse or children wish them to do so. There’s a common misperception that ‘next of kin’ has the same official standing, but this is not the case.”

Obviously, POA isn’t a pre-requisite for medical treatment, but in those situations, it is likely that the medical professionals responsible for your care will make decisions on a risk-averse basis, meaning that you may not necessarily receive the most effective and appropriate treatment for your particular situation.

You may be surprised to learn how wide the definition of ‘incapacity’ is in these situations, extending to cover a patient who has an excessive temperature or has been administered too much medication, not just those in a coma or suffering from a terminal illness.

The benefits of POA are not solely related to medical treatment, either. It also simplifies any dealings your loved ones may be required to have with your bank or building society accounts, insurances, pensions or savings.

Additionally, the provision protects your savings should you be required to go into a care home. At the moment, around 25 per cent of adults are expected to end up in care in later life, but as life expectancies rise, that is expected to jump to one in three.

“For 99 per cent of homeowners, the greatest asset they own is their home,” said Tony. “They’re usually quite happy to pass that down to their children, but most don’t realise that even when your mortgage is paid off, you can still lose your home.

“Only one partner would need to end up in care for a situation to arise where the property could be lost completely.

“The average time it takes for a Power of Attorney to be concluded is around 14 weeks. People put off setting up Powers of Attorneys for years, but don’t put it off any longer.” • Power of Attorney can easily be set up over the phone, online or by booking an appointment in an ILAWS office. Bookings can be made now on Freefone 0800 049 9688.