Arranging Power of Attorney might take longer than you think

generations of women in a family baking for christmas — ILAWS can easily sort your legal affairs, you just need to make a call.

They say good things come to those who wait, but then, we’re also told to strike while the iron’s hot. No wonder it can be hard to prioritise our tasks and to-do lists! However, one thing is certain. When it comes to estate planning, waiting to get your affairs in order is the very last thing you should be doing.

Today, as you read this article, you probably don’t think you have any need for Power of Attorney (POA). A Protected Property Trust (PPT) to safeguard your home is something you might do in the future if the requirement for residential care looks likely. And perhaps writing your Will is something you’ll get to after Christmas, or next summer, or…

ILAWS Scotland are experts in estate planning, and arrange Wills, POA and PPTs for thousands of clients every year. However, every week, the team at ILAWS are contacted by people who have left it too late to make the phone call.

Perhaps a parent now needs to go into care, or critical illness means POA is required for a loved one. Despite the experience, knowledge and skill of the ILAWS experts, it can be too late for them – or anyone else – to help.

That’s why if there is one piece of advice Tony Marchi, principal at ILAWS, wants people to know, it’s don’t wait to get your affairs in order.

Don’t leave it too late

Situations can arise unexpectedly at any stage of adult life that can threaten your estate, or mean you need POA in place. But it’s not just the unknowns the future holds that makes it imperative to act now, for the likes of Power of Attorney there is a practical reason too.

happy older couple in a snowy woodland — Every week, ILAWS are contacted by people who have left it too late to make the phone call, so act now.

Putting Power of Attorney in place requires the application to be processed and put through the courts by the Office of Public Guardian (OPG). While ILAWS will deal with all administration and paperwork quickly and efficiently, once the application is passed to the OPG that’s when people can be taken aback by just how long the process can take.

A few years ago, Power of Attorney used to take a few weeks to put in place. These days, the OPG processing can take months.

Tony explained: “Currently the Office of Public Guardian (OPG) are working on February 2024 applications. It means if you put your application in now, it will be summer 2025 before you will be able to use it.

“The delay is due to the sheer volume of applications they’re dealing with. They just don’t have the resources to process them efficiently.

“Worryingly, even if someone is terminally ill or requiring a lifesaving operation, it is still taking around two weeks to rush the application through the court. Although we have an expediting service, it’s getting harder and harder for us to get anything through the system quickly.”

Tony added: “We used to be able to get POA expedited in 24 to 48 hours. Now it’s taking two to three weeks.”

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Tony gave us an example of a situation his team are currently dealing with. He said: “We have a client in her late 90’s and we are trying to sort Power of Attorney out for her just now. She has no mobility and can’t leave the house, and the bank has said she needs Power of Attorney in place.

“We are trying to expedite it for her given her age and the fact she needs help now, but the OPG are under so much pressure there’s no guarantee they will be able to deal with this as quickly as we’d like. You just can’t rely on getting POA in place in a few weeks. What you need to do is start the process now.”

happy family taking a selfie at Christmas dinner — Having your affairs in order gives you on less thing to worry about.

Acting now rather than waiting applies to all areas of your estate planning. “It’s like we always say about getting a Will – you can’t make a Will when you die,” said Tony. “You need to hope for the best but prepare for the worst. That’s the message I’m always trying to get across to people when it comes to Wills, POA and protected property trusts.”

Another reason to act now is to avoid inevitable rising costs. Tony told us more: “The OPG court fee prices have always gone up around a pound or two a year. However, just last month the price went up from £87 to £96, that’s the biggest jump I’ve ever known. We’re starting to see more of this across the board.

“We expect prices will go up in the new year. However, even if you book your appointment now and we can’t see you till next year, this year prices will hold and that’s what you’ll pay.”

Start 2025 with one less thing to worry about and contact ILAWS today.