Act now to ensure peace of mind for the future
Taking the simple step of organising a Power of Attorney now can help protect you, your family and your property
Did you know that someone is diagnosed with dementia every three minutes in the UK? This worrying statistic about the condition that triggers loss of brain function and is usually progressive, was announced earlier this year by the Alzheimer’s Society. According to the charity, Alzheimer’s is the most common type of dementia, affecting up to three-quarters of those diagnosed.
If you, your partner, spouse, parents or siblings are diagnosed – and once someone reaches their eighties, there is a one in six chance of diagnosis – are you prepared? And have you put in place the correct documents to make it an easier journey for all the family?
Tony Marchi, principal at ILAWS Scotland, and his team are ready to help with arranging your essential legal documents – such as Power of Attorney – so that you and your family will be protected should anyone close to you be diagnosed with this debilitating and all-too-common condition.
He explained:“because we are living longer, conditions like dementia and Alzheimer’s are more common now. This is why a Power of Attorney is so important, because it allows you to put plans in place before anything happens.
“A Power of Attorney is all about giving you the power to decide who makes decisions for you (not about giving away power), if you have lost capacity because of a dementia diagnosis. Without a POA in place, you will need to apply to the Scottish Courts system to be authorised to make decisions on behalf of someone else, and this can be a long and expensive process. “A POA is a vital document.” For many years, Tony and the ILAWS team have been arranging POAS for people who want peace of mind about their future and know that if they are ever unable to make important decisions about their medical care, welfare or finances, a person they trust (their Attorney) will be making these decisions for them, just as they would want.
However, unlike dementia – which is associated with older people – a Power of Attorney is not, and should not be. That is because, just like a Will, a POA is recommended for every adult in Scotland over the age of 18.
Tony added: “We should not be
waiting until we are much older, or until something happens, to arrange this essential document. 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’.”
Interestingly, it can take between five and six months to process a Power of Attorney, as it takes time to go through the Scottish Courts system. If someone has earlier stages of dementia (which can strike before the age of 65) and
they want a POA, their condition could worsen during this process time. This is why it is beneficial to act now, while you/your family member still has capacity.
Fortunately, ILAWS has the ability to speed up the application service with Scottish Court Services for those in a desperate need (illness or accident) to be able to use their POA ASAP, explained Tony. Contact ILAWS on the number below to find out more about this.
Once a POA is written, it is legally binding, and will not be actioned until the time comes (when you lose capacity). Often people name their
spouse, partner, children as their Attorney, and for those who do not have children, a brother or sister is a preferred option.
A POA can sit “dormant” for many years until it is used and during this time, changes in circumstances may prompt an update to your POA. ILAWS is only too happy to make these amendments on your behalf, and you may not pay any more for these changes.
It is common to update a POA after divorce or marriage. You remain in complete control of your POA throughout your lifetime. Do your
parents have a Power of Attorney in place? If not, perhaps you could open up the conversations as a POA does not only protect them, it also protects you.
Tony added: “If you are worried about your parents because they do not have this type of protection in place, talk to them about it. This is an act of care.”
ILAWS Scotland is organising Power of Attorney for a discounted price for a limited time. You can arrange your POA, in person and in your own home, for just £192 (this includes vat) plus an additional £81 to cover the court registration.