Renowned personal finance expert Martin Lewis is urging households across the UK to take immediate action on a critical legal matter he believes is essential for everyone, regardless of age. Highlighting its importance, Lewis shared his personal experience and emphasised the potential financial and emotional hardships that could arise from failing to act early.
With his characteristic focus on practical advice, Lewis warned that many people overlook this crucial step, assuming it’s only necessary for older individuals. However, he stressed that life’s unpredictability—whether due to accidents, illness, or unforeseen events—means everyone should consider this precaution as a priority. His message serves as a timely reminder to take proactive measures to safeguard both personal and family wellbeing.
What Is Martin Lewis Urging You to Get?
The document Martin Lewis is emphasising is the Power of Attorney, a legal tool that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so. While often associated with older individuals or those with declining health, Lewis argues that it is essential for everyone, regardless of age.
A Power of Attorney is not just about planning for old age or conditions like dementia; it covers unexpected situations such as accidents or sudden illnesses that leave a person unable to manage their own financial or personal matters. Having this document in place ensures that a trusted individual can step in to handle critical decisions, preventing long delays and costly legal processes.
Martin Lewis explained its significance:
“I got my Power of Attorney at 35 – I don’t care how old you are. It’s not dementia – it’s strokes, it’s accidents which leave us unable to make financial decisions. You remember? If you have the Power of Attorney in place, it allows somebody to come in and take control of your finances if you are losing your faculties. If somebody starts and you don’t have one in place, you will have to apply at the Court of Protection which is long, arduous and costly.”
This warning resonates strongly with those who have faced the challenges of navigating the legal system without a Power of Attorney.
The Risks of Not Having a Power of Attorney
If someone becomes incapacitated without a Power of Attorney, their loved ones are left with no option but to apply to the Court of Protection. This process can be lengthy, intrusive, and expensive, adding stress to families already dealing with emotional upheaval.
Norma Desmond, a reader of Martin Lewis’s Money Saving Expert platform, shared her personal experience:
“My mum is deputy (via the Court of Protection) to my dad, who has advanced dementia. It’s a very long, drawn out and quite intrusive process. It’s also expensive. Mum will have to pay hefty yearly fees too.
“I just wish we’d managed to get Power of Attorney instead, when Dad was more capable. He got ill very fast and we couldn’t implement it.”
This testimony underscores the importance of acting early, as waiting too long could mean losing the ability to implement this critical legal safeguard.
The Process and Costs
Setting up a Power of Attorney is relatively straightforward and affordable compared to the costs of navigating the Court of Protection. The compulsory fees are as follows:
- £82 in England and Wales
- £96 in Scotland
- £165 in Northern Ireland
To establish a Power of Attorney, individuals must:
- Complete the required forms: These are available online from government websites.
- Appoint trusted individuals: Known as attorneys, they will act on your behalf.
- Have the forms certified: This ensures the individual making the Power of Attorney fully understands the process.
- Register the document: Submit it to the Office of the Public Guardian for approval.
This simple yet vital step can save families from the financial and emotional toll of dealing with legal hurdles during already challenging times.
Why Age Doesn’t Matter
One common misconception is that a Power of Attorney is only necessary for older adults or those with declining health. Martin Lewis challenges this notion, emphasising that incapacity can happen to anyone at any time:
“It’s not just about dementia. Strokes and accidents can leave us unable to make financial decisions. No matter how old you are, this document can protect your interests and make life easier for your loved ones.”
By establishing a Power of Attorney early, individuals ensure their wishes are respected and avoid placing unnecessary burdens on their families.
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