Kate Garraway’s lack of legal protection

14th April 2021

We have all seen the hardship Kate Garraway has had to endure over the last year which was made more complicated by the lack of legal protection in place.

The assumption we all make is that once we are married, we have the right to take care of each other, financially and health wise. We also assume that we have the same right to make decisions on behalf of ill or elderly parents and relatives.

This is not the case unfortunately. In order to manage someone’s health and financial issues, you must have a valid Lasting Power of Attorney (LPA) in place.

Kate Garraway did not have these documents in place and therefore she was unable to access funds to manage Derek’s care or to deal with the family home finances. She was not even permitted to see Derek’s medical notes or make decisions owing to data protection regulations.

“Back in the day” (as our elders would say) our next of kin were entitled to make decisions on our behalf, but back in the day we were not regulated and protected as we are today.

This is not something to be put off for tomorrow, this is not just for the elderly or vulnerable. The world is changing, Covid has shown us the devastation in its wake, we need to prepare and protect ourselves and to be able to assist our loved ones where necessary.

Without an LPA you can be left having to fund care, be unable to make decisions and can only gain the right to do so through an application through the Courts, which takes time and can cost considerably more than the preparation of an LPA.

If you wish to discuss this matter further, please contact Burtons Solicitors who specialise in Private Client Law and request a free consultation. Call 01892 824577

You can also see more information on LPAs at our dedicated service page: Lasting Power of Attorney