Thevital document youshould havetogive youand yourfamily peaceof mind
A Power of Attorney will protect you in emergency
Have you thought about what will happen when you are older? Have you put the necessary plans in place for your future? More and more people in Scotland are realising the benefits of writing a Will – but many still do not feel they need a Power of Attorney.
There are numerous benefits of securing this essential legal document and once it is done, you can rest assured knowing that if any unforeseeable events happen (like an accident or illness), you will be protected and looked after.
Failing to write a POA could cause problems in the long run, not just for you, but for your spouse and your loved ones.
ILAWS Scotland is finding that many people are leaving it far too late.
In fact, Tony Marchi, principal at ILAWS, says that he receives weekly calls from clients wanting to arrange Power of Attorney AFTER someone has been hospitalised, suffered an accident, been diagnosed with dementia or taken into a care home. Tony explained:“the reality is that people wait until something happens before they realise they actually need a Power of Attorney.
“When some has gone into a care home and their husband or wife wants to arrange Power of Attorney so they can legally make decisions about their care on their spouse’s behalf, they may be past the point of doing a POA. It is too late.” Difficult discussions Often people seek a Power of Attorney from ILAWS after noticing subtle differences in a parent’s behaviour – nothing more than that – but it could signal the start of early dementia or Alzheimer’s.
Tony explained:“of course when they approach their parent to bring up the idea of arranging a Power of Attorney for them, in a bid to protect their parents and their future, it is often met with great resistance. This is because their parent will usually insist they are perfectly fine and don’t need such a thing.”
Conservations around arranging Power of Attorney and writing a Will can be difficult, agreed Tony, but he advised that the best time to do it is when your parent is of 100 per cent sound mind – as they will be open to these discussions.
What happens if there is no Power of Attorney?
If your parent or spouse has suffered an accident, been hospitalised or is declared incapacitated and NO Power of Attorney is in place, then no one is legally able to make decisions about their wellbeing, treatment or care
– it also means no one can access their finances, make payments or draw money from a joint account.
Tony explained that this last fact does surprise many people. He stressed:“if you have a joint bank account and one of the account holders suffers an accident or becomes unwell or hospitalised, then their bank accounts will be frozen. That means the other account holder will not be able to access any joint funds. This is because the law works to protect the ill or hospitalised person’s finances.“if they have a Power of Attorney in place, naming their spouse as attorney, then they can access money in their joint account with no questions asked.”
What happens if you are too late?
If you are in the unfortunate circumstance of requiring the powers of an attorney, without having one in place, then there is an alternative. However, as
Tony pointed out, it can be costly and time consuming. The legal document required is called Adult Guardianship.
Tony explained:“this can be applied for when you or your spouse/family member is passed the point of getting a Power of Attorney. It can be an expensive option though, costing thousands of pounds. That’s because the application goes through the Scottish Courts system. Social work may also need to be involved in this process and, it is worth bearing in mind, that the
person appointed may not be who they would have chosen if they were writing a Power of Attorney themselves. Adult Guardianship could also take up to two years to be granted.”
You can save yourself, your spouse or your loved ones time, money and hassle by organising a Power of Attorney when you are fit and able to do so. ILAWS can help you do that. Call to speak to one of their experts today. You can also ask them about writing a Will or protecting your property from care home fees too.
If no POA is in place, no one can access money from a joint account