The Press and Journal (Aberdeen and Aberdeenshire)

Make 2024 the year you finally get the legal protection you need

Legal measures, such as power of attorney and wills, are vital to ensuring your wishes are followed.

- ALAN WILKINSON

As the new year is upon us, we’re all trying to stick to our resolution­s. Some of us will have promised to spend more time in the gym, while others may be aiming to adopt a healthier diet. For some, there may be a vow to finish off longneglec­ted projects.

We’re promising to be a fitter, healthier, more productive version of our old selves – ready for anything 2024 throws at us.

But, while all of this is worthwhile, we could still be ignoring one of the most important areas of all – our legal affairs.

Having the right legal protection­s in place will give you peace of mind for the year ahead.

Measures such as power of attorney (POA) and wills make sure your wishes are followed whatever happens to you. Without them, you are at risk of your wishes being ignored.

Did you know that something as simple as a high temperatur­e can result in you being declared incapacita­ted and prevent you from making your own decisions? But the simple act of granting POA means someone you trust can make those decisions for you. Without a POA, your spouse, son or daughter does not have the ability to make medical decisions on your behalf.

It’s an important protection, as authority is needed for an everincrea­sing range of situations.

Tony Marchi, principal at ILAWS Scotland, says: “People think POA is only for someone with dementia. It’s really not. An accident or illness is enough to have someone incapacita­ted and you can do nothing these days without authority. Whereas 20 years ago you could pay a care bill from your wife’s bank account, you just cannot do these things these days. You can be in hospital and you can’t even change your TV package without authority.”

Problems you could face include doctors making your medical decisions without the consent of your loved ones, and in some cases medics won’t administer treatment if there is any risk to you, even if your spouse or children wish them to do so.

So now is the time to act. Currently, ILAWS is arranging powers of attorney for a special price of £199 (plus £85 Scottish Court registrati­on fee).

It’s a one-off cost as the fee applies to the granter of the power of attorney and not the one receiving it.

So, if you grant POA to five people it will cost the same as for one.

However, the offer ends on January 31.

The firm offers a noobligati­on, free consultati­on – if you decide it’s not for you then it won’t cost you a penny.

You should also be thinking of arranging a will if you don’t already have one.

Without a will (and it is advised that every adult in Scotland should have one), when you die your spouse is left with all of the family’s assets. If they then need care, fall into debt or remarry, the whole of the estate is at risk. That means your children could end up with nothing. It could even mean that someone else’s children may inherit your estate. A will can prevent this.

So, as well as giving you peace of mind, it will also save your family and loved ones the stress of trying to determine or fight for what you would have wanted when you are no longer here.

A simple will can be written in the comfort of your own home for only £48 through ILAWS. Again, though, this offer must end on January 31.

So, if you make just one resolution this January, make it get your legal affairs in order.

Tony says: “How many times have you promised yourself that you’ll go get a will, or a power of attorney, and then not done it?

“If you haven’t done it, this is the year. People say they’re going to sort their pension, sort their will – but truly, if you have a list, this should be at the top.”

If you haven’t got a will, or a power of attorney, this is the year

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