If you already have a Will it is clear that you already appreciate the importance of taking steps to have your personal affairs dealt with properly after your death. You may not have considered however how important it might be to have those affairs dealt with properly during your lifetime.

More and more people appreciate the wisdom of granting a Power of Attorney. As a Power of Attorney can only be granted if you have sufficient mental capacity it is important to prepare it when you are fit and able. A Power of Attorney is a legal document authorising another person (your "Attorney") to handle your affairs on your behalf. The traditional Power of Attorney was relatively straightforward and, for example, was often used to allow documents to be signed in a person's absence, say on holiday. Recent legislation however, the Adults with Incapacity (Scotland) Act 2000, has given rise to more far reaching types of Power of Attorney.

A continuing Power of Attorney, sometimes known as a financial Power of Attorney, gives the Attorney power to deal with the granter's property of financial affairs, This type of Power of Attorney can come into effect whilst the granter has capacity and will continue should the granter lose capacity at some future point.

A Welfare Power of Attorney gives the Attorney the power to make decisions concerning the health and personal welfare of the granter, but the powers cannot be exercised until a doctor has certified that the granter is no longer able to make those decisions personally.

It is quite common for the Continuing Power of Attorney and a Welfare Power of Attorney to be combined in one document.

Until recently the focus has always been to advise clients that they should make a Will. However, we are now recommending to all our clients that they consider granting a Power of Attorney as we strongly believe that it is in their best interests to consider doing so. It provides the security of knowing that your affairs can be dealt with by someone you trust in times of accident or illness and it provides the comfort of knowing that your welfare needs will be met in the way you wish when you are no longer able to make those decisions for yourself. Quite apart from all of that, the cost of not having a Power of Attorney in circumstances where you are unable to make decisions for yourself is very high. The law provides that if ill health prevents you from granting a Power of Attorney a Court may, if your family approves, appoint a Guardian to manage your affairs for you. The cost however of obtaining such a Guardianship Order can run to many thousands of pounds.

Writing a Will

A Will sets out who is to benefit from your property and possessions (your estate) after your death. You can choose the executors who would be empowered by you to deal with the winding up of your estate in accordance with your wishes. Your Will can ensure that your estate is passed on to family, friends and perhaps charities in accordance with your wishes. If you do not make a Will then your estate will be distributed in accordance with the law and the result of this can sometimes be quite a shock to your close family. For example depending on the size of your estate, your spouse may not inherit the whole of your estate. If you have children from a previous relationship you may wish to ensure they are protected if you die before your current spouse or partner. There can be tax advantages in making a Will. All of these things can be set out in your Will.

Further information can be found on the A & S Ireland website.

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