• Sectors we work in banner(2)

    Quick Reads

Covid throws stark light on need for Lasting Powers of Attorney, as the case of Derek Draper shows

The Covid pandemic has brought to the attention of many, in an all-to-tragic way, the importance of having Lasting Powers of Attorney (LPAs) in place, and not thinking that LPAs are ‘only for old people’.

Many people mistakenly assume that because they are married or in a civil partnership, or even just because they live together as ‘common law’ partners, they have the automatic ability or right to manage their spouse’s/partner’s finances should the spouse or partner be unable to act for themselves.  While this is the case with jointly held assets, it is not the case with assets held by an individual in his or her own name.  This can mean a couple unexpectedly thrown in to financial complications where one of them loses capacity and their assets are largely retained personally.

This has been shown recently by the case of ITV’s Kate Garraway and her husband Derek Draper, and highlighted in her recent interview with the Sunday Times.  Aside from the terrible impact of Covid-19 on her husband, who has been in intensive care for a year and on a number of occasions almost died of the virus, the family finances have been thrown into complete turmoil by his not having signed up to a financial LPA prior to becoming ill, though they had discussed it at an earlier date. As she admits, this partly led to her having to rely on friends for financial support for a while.

Furthermore, the case highlights that it is not always straightforward for the position to be rectified (albeit at considerable expense and delay) by applying to be appointed deputy for such matters, as that depends on a Court’s assessment of the ill spouse / partner’s lack of capacity.  Unless it is clear cut, an appointment of a deputy is unlikely to be granted easily.

As a result, Kate Garraway cannot access Derek’s accounts, cannot refinance their property, and even cannot deal with his mobile phone providers easily. She also does not have clear authority to make medical decisions for him when he lacks capacity.

Finally, as a useful and related aside, the interview also highlights the importance of a couple having up to date Wills in place.  The Sunday Times interviewer, Decca Aitkenhead, refers in the interview to the ‘calamitous consequences’ of her late partner not having an up to date Will when he accidentally drowned some years ago. 

While we are fit and healthy it is easy to ignore or procrastinate putting in place what are actually fairly straightforward documents that will, should the worst happen, greatly assist our loved ones.  While not the central point of the interview, hopefully it will bring to the attention of a wider audience the importance of both LPAs and up to date Wills.

[Draper's] medical nightmare has plunged [Kate] Garraway down a parallel legal rabbit hole. She cannot access his bank or credit card accounts, their joint savings, or refinance the mortgage...she doesn't even have the legal right to see his medical notes...All this could have been prevented had the couple [granted] one another power of attorney

Our thinking

  • What You Need to Know About International Family Law

    William Longrigg

    Events

  • The Financial Times quotes Sangna Chauhan on the impact of the abolition of UK non-dom status on her workload

    Sangna Chauhan

    In the Press

  • Budget 2024 and its impact on IHT and estates

    Harriet Betteridge

    Podcasts

  • Charles Russell Speechlys finds that over half of Gen Z say the Bank of Mum and Dad comes with strings attached

    Sally Ashford

    News

  • The Financial Times reports on our independent survey of Gen Z adults and quotes Sally Ashford on the influence of the Bank of Mum and Dad and potential strings attached

    Sally Ashford

    In the Press

  • The Independent quotes Dominic Lawrance on the ‘watering down’ of Labour’s non-dom tax reforms

    Dominic Lawrance

    In the Press

  • Jenny from (her agreed share of) the Block: Jennifer Lopez and Ben Affleck’s mediation settlement

    Sarah Anticoni

    Quick Reads

  • Charles Russell Speechlys appoints two new Of Counsel in Paris

    Frédéric Jeannin

    News

  • They think it’s all over … it is now! Are the changes to non-dom status an own goal against our footballers?

    Joshua Green

    Quick Reads

  • The Financial Times quotes Sally Ashford on predatory marriage and claims against wills

    Sally Ashford

    In the Press

  • The Importance of Pre and Post Nuptial Agreements: Research reveals only one in ten couples have an agreement

    Miranda Fisher

    Quick Reads

  • Policy; Private Capital & Digital Transformation: What to look for in the Investors & Entrepreneurs’ space in 2025

    Mike Barrington

    Insights

  • The Law Society Gazette and eprivateclient quote Sarah Jane Boon on 'Divorce Day'

    Sarah Jane Boon

    In the Press

  • BBC Radio Surrey interviews Shona Alexander on ‘Divorce Day’

    Shona Alexander

    In the Press

  • Charles Russell Speechlys continues to develop its Financial Services and Funds practice with the appointment of Racheal Muldoon

    David Collins

    News

  • Charles Russell Speechlys strategically enhances its European operations with the arrival of new Partner Aline Wey Speirs in Switzerland

    Aline Wey Speirs

    News

  • Balancing privacy and accountability: a new era for Family Justice

    Charlotte Posnansky

    Quick Reads

  • Law Commission publish their scoping report on financial remedies on divorce - reform is needed

    Jemimah Fleet

    Quick Reads

  • The Times quotes William Marriott and Lauren Fraser on the impact of Land Registry on property transactions

    William Marriott

    In the Press

  • Under my umbr-ETA, ESTA, eh eh… FAO: international visitors to UK from 8 January 2025 – avoid rain and flight anxiety

    Paul McCarthy

    Quick Reads

Back to top