The heartbreaking effects of the coronavirus pandemic became publicly visible to journalist Kate Garraway, whose husband Derek was diagnosed with Covid-19 in March 2020 and continues to require 24/7 medical care.
In an already stressful time, Kate had to balance her family’s needs with managing her finances. This was made difficult because Derek was often the named person on bills, investments, banking, and insurance policies.
Without a Permanent Power of Attorney (LPA), it has been very complicated for Kate to resolve financial matters, and in fact, without it, it is impossible to access investments in someone’s sole name.
In the absence of an LPA for property and finance, the Court of Justice may request nomination as a deputy. However, this is a more expensive and lengthy process. It also requires that the vulnerable person has lost their ability to make decisions for themselves.
In Derek’s case, this test was marginal to mental performance as it is still being studied to understand the effects of Covid-19 on his cognitive health.
Without a Health and Welfare LPA, Kate had no legal right to access Derek’s medical notes due to privacy concerns. Health and welfare representation is only granted by the Court of Justice in exceptional cases.
Like any insurance policy, we all hope that an LPA will never be required. But at worst, your loved ones have the authority necessary to manage your finances and make decisions about the care you should receive. The law firm THP Solicitors, also known as The Head Partnership, based in Bell Street, Henley, can assist you with creating, registering, or changing a permanent power of attorney. For more information, call (01491) 570900.
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