Devastating effects of not having a Lasting Power of Attorney – ‘Kate Garraway: Finding Derek’

Kate Garraway revealed the devastating effects of not having a Lasting Power of Attorney in her emotive interview with Decca Aitkenhead in the Sunday Times two weeks ago.

Last night, in ITV’s documentary, ‘Kate Garraway: Finding Derek’, we saw a visceral display of how a long term illness – in Derek’s case, Covid-19 – can turn a family’s life upside down.

Like 90% of the population, Derek Draper doesn’t have a Power of Attorney. This legal document allows you to nominate (while you still have mental capacity) a trusted friend or relative to look after your affairs if you lose capacity. And that can happen for a variety of reasons – with Derek’s case it was Covid-19, but it could be an accident, stroke, or dementia. Without this document in place, and despite being his wife, Kate in unable to access his bank or credit card accounts, their joint savings or refinance the mortgage; she can’t even move mobile phone provider as Derek’s name is on the contract. And perhaps most poignantly, she doesn’t have the right to access his medical notes, owing to data protection.

Research by The Office of the Public Guardian in 2019 reported that 75% of people they surveyed mistakenly thought their partners or close family could automatically make decisions for them if they were unable.

Richard Wallace-Lower, Head of Wills, Trusts & Successions at Eric Robinson Solicitors, Richmond: “Kate is not alone in this situation; thousands of people across the UK are faced with similar difficulties, unable to make decisions for their loved ones.

“People often think of Powers of Attorney as being something that only need later in life, but the sad case of Derek Draper shows the reality that people can lose their decision-making capacity at any time. No matter your age, everyone should consider making an LPA – for their own peace of mind as well as their loved ones.”