1 min read
Kate Garraway & Husband Derek Draper

Kate Garraway’s heart-wrenching experience with her husband Derek’s year-long battle with COVID-19 highlights the profound challenges families can face during such difficult times. The emotional strain is compounded by the fact that Kate was left without the necessary legal protections to manage Derek’s care effectively. 

It is incredibly distressing that she was unable to access funds, refinance her mortgage, or even review Derek’s medical notes due to data protection laws. 

Approximately 65% of people believe their next-of-kin will be able to make vital medical and care decisions on their behalf, the reality is much more complex. 

Without a Health & Welfare Lasting Power of Attorney in place, this is often impossible. 

This situation underscores the importance of having a knowledgeable specialist who can guide families through these complex and emotionally charged decisions. Ensuring that loved ones are equipped with the right legal tools can provide peace of mind during what is already an incredibly challenging time. 

It’s a poignant reminder that planning for the unexpected can significantly impact our ability to care for those we love in moments of crisis.

Without a Property & Finance LPA, personal and business accounts can be frozen. Bank & savings accounts, pensions, life policies and anything of a personal financial nature can be affected.

Without a Health & Welfare Lasting Power of Attorney (LPA), there is no legal definition of 'next of kin.' Caregivers, social workers, and medical professionals make decisions on a person's behalf. Although they generally act in the individual's best interests, conflicts can arise if there is a disagreement between health providers and family members. While there is an alternative route through Deputyship, which can be costly, it is rare for Health Deputies to be appointed.

Decisions affected are medical treatment, where and how the donor is cared for, day-to-day decisions such as daily routine, personal hygiene e.g. eating, washing and dressing etc.


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