Why a Power of Attorney is vital to ensuring you are protected
Be proactive to look after loved ones
With the world in the grip of the coronavirus, many of our clients tell us that they have now been forced to consider securing their finances and welfare.
Although the most important thing for us all to do right now is take proper care of ourselves and our nearest and dearest, we must also consider being proactive in arranging important documents.
Most people are only too aware of the consequences of not having a Will in place. Making sure that your assets will pass to the loved ones you want to receive them after your death is critical during crisis times. You don’t want to make things any more difficult then they need to be, and avoiding costly and time-consuming processes like probate takes on heightened importance when your family might end up confined to your homes in a quarantine situation.
Tony Marchi, principal at ILAWS Scotland says:“a Will is something almost everyone knows they need, however, some people are still unaware of the importance of granting Power of Attorney and, among those who are aware, there is a common misconception that they don’t need to appoint an attorney as they still have full capacity.”
However, you can only grant a Power of Attorney if you have capacity. If you have an accident or an ongoing medical problem which leaves you incapable of looking after your own affairs, it’s too late. Through the NHS, several regions in Scotland have now formally announced that if you are unable to make your own medical decisions then your spouse or family won’t be allowed to make them for you without a Power of Attorney in place.
A recent campaign in partnership between a number of Health and Social Care Partnerships in Scotland, including the three in Tayside, have taken to television advertising to try to get the message across.
Sally Wilson, who is working on the project with colleagues in Tayside, said:“Many people are unaware that without Power of Attorney you cannot act for your husband, wife, mother, father or anyone else should they lose capacity.”
Tony adds:“incapacity in many peoples’ eyes involves something very serious along the lines of Dementia or comas, however, something as simple as you being
Many people are unaware that without Power of Attorney you cannot act for your family members
too medicated or you having too high a temperature (common with Covid-19) is enough for you to be declared incapax.”
Power of Attorney also allows, with your permission, someone else to be able to handle your financial affairs if you are too ill or unable to get out and about. This includes paying bills and dealing with the bank, insurances and pensions. The message couldn’t be clearer. We all hope for the best, but it’s just prudent to ensure that we and our families are properly protected.
1. Home and office visits remain in place for any client within our usual business areas.
2. Telephone appointments are an option for anyone in Scotland. All business would be concluded over the phone and documentation posted to the client.
3. All staff in offices and all estate planners who you may deal with on a face-to-face basis have strict hand washing policies to adhere to and always use sanitising gels before and after every appointment. (This is not new for us; it’s something we
adopted many years ago).
4. Should we be visiting you in your home or you are in our offices, estate planners you see will be healthy and sanitised, will no longer shake hands with you and will request that you use your own pen for any signatures.
5. Wherever possible estate planners will keep an appropriate distance from every client and face masks and disposable gloves will be worn by estate planners. If you have any further concerns; please let us know at the time of making the appointment.