How one discussion in the comfort of your own home could protect your family

SHOULD YOU OR YOUR PARTNER FIND YOURSELF REQUIRED TO GO INTO CARE, YOUR ASSETS COULD BE SEIZED TO COVER THE COSTS - UNLESS YOU’VE TAKEN OUT KEY LEGAL PROVISIONS

AS WE age, we inevitably start thinking about the future and what it will look like for ourselves and our loved ones. It becomes increasingly important to ensure our affairs are in order, but it can also be more and more difficult to put these things in place, particularly if you develop issues around mobility.

That’s where the home visit service provided by independent legal and Will-writing specialists ILAWS is so invaluable.

One of the company’s friendly, qualified experts will come to you at a time of your choosing, meaning that both yourself and any family members who may be able to provide assistance or are likely to be involved in the process can also be present.

ILAWS pride themselves on complying with all latest Covidrelated guidance regarding vaccinations, while masks and gloves will be worn on request for home visits, ensuring all dealings are as safe as possible.

Just one visit can be enough to ensure the full protections afforded by a Will, Power of Attorney or Protected Property Trusts can be put in place, with the remainder of the process completed over the phone and by post.

Many people expect that the assets they have accrued over the course of their life are theirs and can be passed onto whomever they wish. But unfortunately, that isn’t always the case - particularly if yourself or a partner is required to go into care.

Under current legislation, if you have assets totalling more than £26,500 - including the value of your property - you must meet your own care costs in full. These currently average well over £50,000 per year.

It may seem unlikely, but this is an increasingly common scenario, particularly as Scotland is home to an ageing population.

“While it is illegal to deliberately stop the local

authority from taking money to pay for care home fees, there are legitimate ways to protect your home, involving transfers and/or trusts,” explained Tony Marchi, principal at ILAWS.

“All the assets you have worked hard to accumulate could be taken away - this can and does happen.

“On occasion, we cannot help somebody - as there is no one-sizefits-all - but about eight or nine times out of 10, we can provide clients with different ways of preventing the sale of the house.

“If you have tens of thousands of pounds in savings, the local authority will take that first. For most people, the home is their main single asset, but have you taken the legal steps to protect yours?”

Many people believe that a Will provides them total protection, but ILAWS are clear that it is one of several products that should be utilised together.

“A Will is a good start,” explained Tony. “But you should look at the legal ways of protecting your home via trusts or titles - a route that thousands of our clients have now gone down.

“Lots of people put off writing a Will because they think it’s complicated, but we make it a simple and inexpensive process at £48.

“If you own a property, you should 100 per cent have a Will. Most people think that when you die, all your assets will automatically go to your next of kin, but that’s not the case.

“Nowadays, there are many blended families, and a Will makes sure your estate goes to the people you want it to go to,” said Tony.

“But even if you’ve been with your spouse since high school and there are no children from previous marriages, if you don’t have a Will in place, it will take a lot of time, money and hassle to settle your estate.”

Get in touch with ILAWS today to see if you are eligible and you could also arrange a Power of Attorney (POA) and enjoy a 20 per cent saving (for a limited time only).

A POA grants the authority to someone you trust - typically a spouse or other close relative - to make key decisions regarding your affairs should you ever be unable to do so yourself.

As well as relating to your assets, this also covers situations in which a decision needs to be made on any medical treatment or medication you may require. Without a POA, a medical professional will likely still treat you, but will predominantly act on a ‘risk averse’ basis, meaning you may not receive the most appropriate treatment for your condition.

Provided it is put in place prior to finding yourself incapacitated, POA provides long-lasting protection relating to your welfare and assets for a one-off fee - ensuring that the people or person responsible for taking control have been personally selected by yourself, rather than leaving the decisions to a doctor or banker you have never met and who may not have your best interests at heart.

The definition of incapacity used in these circumstances may surprise you, too. It does not simply apply in cases of dementia, it may be merely that you have been given too much medication or have a high temperature.

As a result, Tony and the ILAWS team believe that POAs should not be limited merely to older people, suggesting that anyone over the age of 18 should have one put in place.

“We should not be waiting until we are much older, or until something happens, to arrange this essential document,” said Tony.

“Anyone with a bank account, property or a health condition should have a Power of Attorney in place - now.

“You will have to do it sometime, so why wait? It is better to organise it now so you can stop worrying about the ‘what ifs’.”

Power of Attorney can easily be set up over the phone, online or by booking an appointment, either in an ILAWS office or your home at no extra cost. Bookings can be made now on Freefone 0800 049 9688.