Kate Garraway Makes the Case for Lasting Powers of Attorney

Well known television presenter Kate Garraway and her family have found out first-hand the difficulties that can arise where a Lasting Power of Attorney is not in place.

Kate's husband Derek Draper has been seriously ill in hospital battling the effects of Coronavirus since March 2020 and for a period of time was in a medically induced coma and therefore not able to attend to family financial matters.

Kate has been open and honest about the difficulties that she has faced both emotionally and practically. Derek was named as the account holder on the majority of the household bills and insurance policies and due to the absence of a Lasting Power of Attorney Kate encountered problems in managing everyday family finances.

This highlights the importance of putting your affairs into good order by planning ahead and putting in place a Lasting Power of Attorney. Based on her own experience this is something that Kate has been actively promoting and encouraging in the media.

A Lasting Power of Attorney provides for future authority for named individuals of your choosing to act as your Attorneys and make decisions on your behalf if you needed them to (because you were incapacitated for some reason) or because you wanted your Attorneys to assist you with matters.

There are two types of Lasting Power of Attorney: Property and Financial Affairs and Health and Welfare. This is explained in more detail in our Guide to Lasting Powers of Attorney.

If you were to lose capacity and did not have a Lasting Power of Attorney in place then a Deputyship Order would have to be sought from the Court of Protection for someone else (not necessarily of your choosing) to manage your affairs. This is both more complex and expensive than making a Lasting Power of Attorney.

At Band Hatton Button, we have a wealth of experience and include members of Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly (SFE). This means you can have peace of mind that you are dealing with a highly experienced and qualified team who specialise in helping with making Wills, Power of Attorneys, Attorney Support Services, Tax Planning, Administration of Estates, Trusts, Deputyship and Court of Protection related matters.

For individual advice and assistance contact our Wills, Probate and Trusts Team to find out how we can help.

Helen Stott - Solicitor - Wills Trusts & Probate Team