legal & financial
DO YOU HAVE THE PROTECTION YOU NEED? SAMANTHA CORY, Private Client Solicitor at Goughs Solicitors, discusses the protections we should all have in place...
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he documentary “Kate Garraway: Finding Derek” aired on Tuesday 23 March (ITV) and highlighted the struggles TV presenter Kate has faced since her husband, Derek Draper, was admitted to hospital with Covid-19 in March 2020. Kate has openly spoken about the financial issues she faced being unable to access accounts in Derek’s name without a power of attorney. Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made 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. Research by Solicitors for the Elderly (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 Lasting Power of Attorney (LPA) is in place. Whilst there’s been a rise in the number of enquiries made about LPAs during the pandemic, only 22% of people in the UK 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 and difficult decisions. According to Which? 22,000 LPAs are rejected every year, so it’s essential that you get your legal documents right. Covid has had an impact on everyone, whether directly or indirectly, and has resulted in many not being able to manage their affairs. This is especially true of those self-isolating, or those suffering from ‘Long Covid’. As can be seen in Derek’s case, LPAs are not only useful documents for the older generation but are in fact an important document for everyone. The one guarantee in life is that you do not know what is going to happen tomorrow.
If you have not yet made an LPA, but wish to prepare one, we can still assist you in doing so whilst observing government guidelines. Goughs Solicitors has branches throughout Wiltshire and are happy to conduct face to face meetings at a safe distance, or speak with clients via phone or video call. As well as the preparation of Lasting Powers of Attorney, the Private Client Team at Goughs Solicitors also offer expertise in the creation of wills, instructing later-life planning, the administration of estates, tax planning, trusts and deputyships. Email me, SamanthaCory@goughs.co.uk, or the team, privateclient@goughs.co.uk, with your enquiry. • goughs.co.uk
LPAs allow an individual to appoint trusted individuals to make important decisions on their behalf. It is so important to
"Kate Garraway’s heart-breaking story of her husband Derek’s yearlong battle with Covid has been made more complicated by the lack of legal protection she and Derek had in place." 54 THEWESTWILTSMAGAZINE
get these documents in place so that you do not have to face similar problems to Kate.
Samantha Cory
