Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his medical notes, owing to data protection.
Research by SFE, shows that 65% of us think our next-of-kin will make medical and care decisions for us if we are no longer able to. In reality, this isn’t the case unless a Health & Welfare Lasting Power of Attorney is in place. Whilst there’s been a rise in the number of enquiries made about Lasting Power of Attorneys (LPAs) during the pandemic, only 22% of people in the UK actually have one.
To avoid this difficult kind of legal situation it’s important to use a specialist lawyer who is experienced in this area of the law, and is trained to support people making these crucial, complex and difficult decisions. According to Which? 22,000 LPAs are rejected every year so it’s essential that you get your legal documents right.
If you would like to seek advice on any of the issues mentioned in this article, please contact a member of our Private Client team who will be pleased to assist.
This information is for guidance only and should not be regarded as a substitute for taking full legal advice on specific facts and circumstances.
Amy Nelson, Lawyer at BakerLaw LLP and member of SFE (Solicitors for the Elderly), the membership organisation for specialist solicitors who support older and vulnerable people.