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Kate Garraway and the legal protections we should all have in place

View profile for Holly Elphick
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Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his medical notes, owing to data protection. 

Research by Solicitors for the Elderly (SFE), shows that 65% of us think our next-of-kin will make medical and care decisions for us if we are no longer able. In reality, this isn’t the case unless a Health & Welfare Lasting Power of Attorney is in place. Whilst there’s been a rise in the number of enquiries made about Lasting Power of Attorneys (LPAs) during the pandemic, only 22% of people in the UK actually have one. 

To avoid this difficult kind of legal situation it’s important to use a specialist lawyer who is experienced in this area of the law, and is trained to support people making these crucial, complex and difficult decisions. According to Which? 22,000 LPAs are rejected every year so it’s essential that you get your legal documents right.

SFE is the membership organisation for specialist solicitors who support old and vulnerable people, and here at Talbots many of our T&E team are SFE members.  

If you wish to discuss preparing a Lasting Power of Attorney for yourself or a loved one, or have any queries or questions about a Lasting Power of Attorney, please contact an expert member of our Trusts and Estates Team who will be able to assist you further.  Email Rita Malhi or Holly Elphick or simply call us on 0800 118 1500 to find out how we can help you today.