It is well known that Kate Garraway’s husband contracted Covid-19 at the beginning of the pandemic in March 2020. He has been in hospital ever since fighting the virus and the after effects. Kate has been very open with her journey and has sought to keep the public up to date and raise awareness of the seriousness of the virus.
Kate is set to open up even further about her family’s trauma in a documentary airing on ITV on the 23rd of March called ‘Kate Garraway: Finding Derek’ which will show just how severe the effects of Covid have been on Derek and her family.
Derek is thought to be the longest surviving patient of Covid-19 and whilst he has beaten the virus, he remains in a state of minimal consciousness after emerging from a deep coma last year.
How does Kate’s experience manifest the importance of making a Lasting Power of Attorney?
If the last year has taught us anything, it is how unpredictable life can be. Derek has been unconscious for the best part of a year and during this time, there have undoubtedly been a number of decisions that have had to be made regarding his health and welfare. As Kate herself has said during recent interviews, her life would have been made easier had they put powers of attorney in place. Although she has been fully involved with the medical treatment decisions if Kate had ran into difficulties, as many relatives do, a Health and Welfare Power of Attorney would have been invaluable.
It is equally as important that Kate is able to access finances on behalf of Derek. Without having authority granted by a Power of Attorney, Kate has encountered difficulties accessing Derek’s finances.
What can Kate do now to gain control of Derek’s financial affairs?
Derek continues to be in a state of minimal consciousness, able to speak few words and currently unable to speak in full sentences. As a result, Derek is unable to manage his property and financial affairs and lacks capacity for the purposes of the Mental Capacity Act 2005. Kate could apply to the Court of Protection to become a Deputy for Derek and in turn, the court will grant a Deputyship order which will allow her to manage his financial affairs.
If Derek regains full consciousness, an application can be made to the Court of Protection to discharge the Deputyship but in the interim, the authority granted under the Deputyship would allow her to make financial decisions on Derek’s behalf.
CONTACT US
For more information call our Court of Protection team to discuss your options on 01484 821 500 or email willsandprobate@ramsdens.co.uk to book a free information session.
BY NATALIE LANG
March 23, 2021
Natalie is a Partner and Solicitors in the Court of Protection department.