Everything you need to know about Power of Attorney

Published date05 April 2022
Publication titleDaily Record, The / Sunday Mail (Glasgow, Scotland)
A PoA is a legal provision that enables you to grant authority to someone you trust - typically a spouse or other close family member - to make key decisions regarding your own affairs should you ever be unable to do so

Without such a document in place, there could be significant delays in accessing the services or treatment you require, often leading to prolonged stays in hospital, and you may find that your assets are insufficiently protected and could be seized by the local authority to cover care home costs - which currently average around £50,000 per year.

For a one-off fee, a PoA can provide significant, long-lasting protection relating to your welfare and property/finances, ensuring that the people or person responsible for taking control have been personally selected by yourself, rather than leaving these decisions to a doctor or banker you may never have met.

Tony Marchi, principal of independent legal and willwriting specialist ILAWS, said: "We should all have a PoA in place as we have no idea what the future holds.

"It doesn't mean you are giving power away or not having control over your own life; PoA can only be exercised with your permission, or if you are unable to act for yourself.

Act now, a simple will is just £48 inc VAT * Total £48 "If you and your family are faced with a medical emergency, having a PoA can be a life-saving document. If you're in hospital, no one can make decisions for you if you can't make them for yourself, unless you have a PoA.

" ere's a common misperception that 'next of kin' has the same official standing, but this is not the case."

However, it is essential that pre-emptive action is taken.

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Should you ever find yourself incapacitated, it is already too late to take out a PoA - it must be done when you have full capacity.

You may also be surprised to learn what constitutes 'incapacity'. ere is a common misconception that this only applies to instances where an individual is impacted by dementia or Alzheimer's, but that is not the case - there are examples of real-life situations where patients have been deemed to be incapacitated simply because they have an excessive temperature or have been administered too much medication.

Hospitals are now regularly asking if a PoA is in place on admission as it provides such much-needed clarity when a patient requires treatment.

Tony added: "Most people don't really understand what the definition of 'incapacity' is in these instances and how it will be applied...

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