Do I really need Power of Attorney and a Will?

It’s the new year and many of us will be turning our thoughts to self-improvement. Whether it be losing weight, hitting the gym, quitting smoking or even starting to write that long-promised best-selling book, we’re in the mood to turn a new page.

If you’re being honest though, that leaner, fitter, more driven you is likely to remain a pipe dream. Sure, for the next month or so you’ll cut down on the alcohol and limit your takeaways. Perhaps you’ll even take out that gym membership and spend a few hours on the treadmill. But come March it’s likely you’ll have settled back into the old routine. It’s as predictable as rainy days in Scotland.

So, what if there was a New Year’s resolution you could keep while guaranteeing yourself a more settled future?

Well, sorting out legal affairs such as a Will, Power of Attorney and Protected Property Trust is simple and will give you much needed peace of mind.

Do I need Power of Attorney?

Take POA, for example. Failure to have Power of Attorney can leave you exposed in the case of an accident or an illness. Doctors may make your medical decisions without the consent of your loved ones. 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.

middle aged couple exercising in park — Looking after your financial wellbeing is just as important as caring for your physical wellbeing.

It’s also more likely than you might think to be declared incapacitated.

Tony Marchi, principal at ILAWS Scotland, said: “Something as simple as a high temperature can result in you being declared incapacitated and stop you from taking your own decisions. People think Power of Attorney is only for someone with dementia. It’s really not.”

The need for Power of Attorney has been highlighted by health groups. A recent campaign by NHS Grampian warned: “Granting a Power of Attorney to enable a family member or friend to make decisions for them when they no longer have the mental capacity to do so themselves is as important as making a Will.”

But in some cases people leave it too late, thinking it can be granted after they’ve been declared incapacitated. POA needs to be processed and at the moment The Office of the Public Guardian (Scotland) who register them are working on submissions from early last year. An expedited service is available but even that can take up to two weeks.

ILAWS can arrange Power of Attorney for you for the low price of 195 + VAT = £234 (plus £96 court and registration fees) when they can cost as much as £900 elsewhere.

Protect your home from care home fees

Another often overlooked area is your estate and what happens to it if you go into care.

Staying in a care home can cost as much as £75,000 a year. The threshold for council support with care home fees is having assets of £32,750 or less and worryingly your house can count towards that. That means it can be taken from you to cover costs.

However, the good news is there are legal steps such as a Protected Property Trust (PPT) or Transfer that can mitigate that risk to your assets.

A PPT places your home in a trust which safeguards your property. A Transfer involves legally transferring ownership of your home to someone, such as your child. It is not possible for them to sell while you are in the property. It simply allows you to remain in your own home and prevent it from being counted as “an asset”.

Tony said: “You can think of it as an insurance policy on your home. You want to make sure you can pass your property on to your children but through no fault of your own, you can end up losing it. Having a PPT can prevent that.

“If you take out a Protected Property Trust and you don’t need it, then you’ve won because you’re covered and you don’t lose your home. If you do it and you don’t need it then you’ve won too, because you’re not going into care.”

However, time is of the essence as PPTs and Transfers cannot be arranged after you’ve gone into care.

“So many people come to us when it’s too late. We’ve even had people saying they will pay anything to sort it out, but once someone has gone into care there’s nothing we can do,” added Tony.

ILAWS can arrange Wills, POA and PPTs in the comfort of your own home. It offers a no-obligation, free consultation. If you decide it’s not for you, then it won’t cost you a penny. So, let ILAWS sort your affairs with a friendly service and no drama.

For more information on arranging a Power of Attorney, PPT or writing a Will in 2025, visit ILAWS Scotland.