Kate Garraway’s husband, who was diagnosed with Covid-19 over a year ago required 24/7 medical care did not make a Lasting Power of Attorney stipulating Kate as one of his attorney’s.
Some bank accounts, investments, bills and policies were only in his name, and it has made it extremely complex for Kate to even do the basics. Not only that, but Kate does not have the legal rights to access her own husband’s medical records and she will probably not be able to make any decisions for his life-sustaining treatment should it come to this.
As Kate’s husband mental capacity test was borderline this means the only way she can act on his behalf was until she had applied for a Deputyship via the Court of Protection. And not forgetting she can only do this once there is confirmation that her husband no longer has mental capacity.
Applying through the Court of Protection for a Deputyship is a costly and time-consuming process. It may also then be too late to act by the time the application has been agreed by the Courts.
Had a registered Lasting Power of Attorney been in place Kate’s husband could have nominated her and others to assist on the basics Financial aspects and his Wellbeing.
A Lasting Power of Attorney is a legal document where you can appoint one or more people to make decisions on your behalf if you have had an accident, illness or even lack mental capacity. This document once registered makes life easier and leaves you at ease knowing your chosen individuals can make the right decision for you if you were unable to.
You cannot predict what will happen in the future, it helps to do that right type of planning!
