Kate Garraway’s documentary ‘Finding Derek’ on Tuesday 23 March 2021 harrowingly exposed the difficulties she has had face whilst her husband has been hospitalised for an extended period of time due to coronavirus. As well as the worry over having a loved one facing a severe illness for a long period of time, she has had to deal with the added burden of not being able to access much needed finances for her family due to the fact that bank accounts, savings, mortgage etc. in her husband’s name required his authority to release funds.
Kate’s story has highlighted why it is so important to have Lasting Powers of Attorney (LPA) in place, without which you too could face similar difficulties. If Kate’s husband, Derek, had put in place an LPA for Property and Finance appointing Kate as his attorney, she would have been able to deal with and access his finances without the difficulties she has had to face.
In addition, the Garraway situation has highlighted the need to have an LPA for Health and Welfare in place. Research has shown that 65% of us think that our next of kin will make medical and care decisions for us if we are no longer able to. However, in reality, this is not the case unless an LPA for Health and Welfare is in place.
Please click here to read our article about the two types of Lasting Powers of Attorney and how they can help you to avoid the financial difficulties such as those faced by Kate Garraway. Without an LPA in place, there is often no choice but to apply to the Court of Protection for a Deputyship Order, which is a longer, more costly and more complex process than creating and registering LPAs while you still have capacity.
According to WHICH? nearly 22,000 LPAs are rejected every year, so it is crucial that you get these powerful legal documents right. Our Private Wealth Team have been assisting clients to make LPAs since they were introduced in October 2007 and are here to assist you too.
Please feel free to contact us for impartial advice on when to have an LPA in place and the benefits and peace of mind this can bring to your loved ones at a time of difficulty. We can also help you set up an advanced directive (also known as a living will) to enable you to give legally binding instructions about your future medical treatment.
To speak to our specialist LPA solicitors call us on 01483 451 900, email us or make an online enquiry and we will call you.