It’s so easy to have peace of mind with a Power of Attorney
Organising a simple document to help loved ones look after your affairs if you should fall ill or become incapacitated is a step you will never regret
There are many reasons people in Scotland arrange a Power of Attorney – so isn’t it about time you considered arranging one, too?
Just like a will, Power of Attorney (POA) is one of those essential legal documents we know we should have, but we procrastinate about it. However, it does not take long to arrange one, nor does it cost as much as you may think, and there are many benefits of having one.
ILAWS Scotland is experienced in Power of Attorney for clients and almost every one of them say they have “peace of mind” once they have applied for it and “wish they had done it sooner”.
A POA is fast becoming one of the most important legal documents you can write. That’s because without one, your loved ones do not have a say in your treatment if you are
ever hospitalised nor can they access your bank accounts or manage your finances should you become incapacitated for whatever reason.
Perhaps you don’t feel you are ready to organise a POA for yourself, but have an elderly parent? This is one important conversation to have, especially if their health is deteriorating.
That’s because a POA allows you, as a named Attorney, to legally make important decisions on their behalf about their care, wellbeing, health, treatment or financial affairs when they cannot.this could be following illness, hospitalisation or incapacity.
If your parent, or elderly relative, is in a care home, then having a POA can also be beneficial, as Tony Marchi, principal at ILAWS explained.
“If you have a parent in care and they have lost capacity, the standard of care they will receive will be of a higher standard if they have a POA, and have nominated someone to step in on their behalf.
“If you are not happy about how your parent (or relative) is being treated – and are their named POA – then you are listened to.
“A POA has complete control over a relative’s diet, attire, how they are treated, and every single part of their care and wellbeing. A POA ensures that a loved one is treated in care the way they would want to be.”
A POA can also determine what happens to your finances and help protect your (or a loved one’s) assets and savings from being seized to pay for care home fees.
Tony explained more about this:“should you become incapacitated and subsequently require to go into care, without a POA, then no one else can control or manage any of your assets or savings which are in your name for you.
“This leaves them vulnerable and the local authority can take over and apply their own rules for care home costs against your estate.”
Today, many of us are aware of a family that this has happened to and it would never have been what the person who has gone into care would have wished.
But we can prevent this from happening, and it is so important to investigate your options,
Tony added:“the issue is, that unless you make sure you are properly protected with a POA, then no one else you know and trust will ever be able to help you if you required it.
“This is why it has become so important.”
*Don’t wait until it is too late to arrange a POA, give ILAWS a call to discuss writing this important legal document for you, or a loved one.”