Our Private Client Solicitor Mark Cannon has sent a letter to local media following the documentary “Kate Garraway: Finding Derek” highlighting complications around a lack of legal protection in place.

In the documentary, Kate details the struggles she has faced since her husband, Derek Draper, was admitted to hospital with Covid-19 in March 2020.

Kate spoke openly about the financial issues she has faced after being unable to access accounts in Derek’s name without a power of attorney.

The documentary highlighted the importance of having a registered power of attorney in place in order to manage the individual’s affairs should the unexpected occur. 

You can view the letter, which Mark sent with the help of SFE (Solicitors for the Elderly), in full below.

“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.”  

Regards

Mark Cannon
Private Client Solicitor & SFE Member
Walker Foster Solicitors

This article must not be construed as legal advice. All cases are different on their facts and you should consult with us directly on your case.