The three legal problems that can jeopardise anyone’s peace of mind

Simple protections will ensure you don’t get caught out if the worst happens

We crave peace of mind, but sometimes trouble strikes and without certain legal protections it can cause you real problems. Issues can range from having medical treatment you don’t want to even losing your home.

So, what should you be looking out for?

Firstly, it’s vital at any age to have Power of Attorney (POA).

Did you know that something as simple as a high temperature can see you declared incapacitated? If that happens and you don’t have Power of Attorney, you could face issues like doctors making medical decisions without the consent of your loved ones.

Nor is it just medical decisions that require POA.

Tony Marchi, principal at ILAWS Scotland, said: “If you don’t have Power of Attorney nobody can deal with your finances, nobody can even pay your Sky TV bill. It’s not about giving away control. It’s about taking control.”

Another major issue in the modern world is the increasing likelihood of going into care.

According to the Office for National Statistics, the ‘oldest old’, who have a substantial risk of requiring long-term care, are the fastest growing age group in the UK and it is currently estimated one in four people over the age of 60 will end their days in care.

Perhaps what’s most worrying about that fact is the devastating effect it can have on your finances. 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.

The good news is there are legal steps such as a Protected Property Trust (PPT) or Transfer that can mitigate the risk to your assets if you’re taken into care. A PPT is ideal for couples who own their own home. Placing your home in a trust safeguards your property and protects it. The benefit of a property trust is that if one of the couple dies, then the survivor can continue to live in the house until they die.

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’.

An important point is that both PPTs and Transfers must be arranged in advance. You can’t do it after you go into care. So don’t be caught out.

Finally, it’s vital that you have a Will. If you do not have a Will, when you die your spouse is left with all of the family’s assets. If they then need care, fall into debt or remarry, the whole of your estate is at risk. That means your children could end up with nothing.

ILAWS can arrange Power of Attorney, PPTs, Transfers and Wills to ensure your peace of mind. Power of Attorney can be arranged for the low price of £195 plus vat = £234 (plus £87 court and registration fees) when they can cost as much as £600 or more elsewhere. They will also draw up Wills for just £50 plus VAT = £60.

ILAWS offers a no-obligation, free consultation and everything can be done from the comfort of your own home. Everything will also be explained in clear detail without legal jargon.

So don’t let legal issues wreck your peace of mind. Get the protection you need now.

If you don’t have Power of Attorney nobody can deal with your finances, nobody can even pay your Sky TV bill. It’s not about giving away control. It’s about taking control