A Cautionary Tale!
There was a recent article that I read entitled, “I hadn’t heard of an LPA until it was too late” which details a Woman’s struggle with the Court of Protection and demonstrates just how important establishing an LPA (Lasting Power of Attorney) actually is to all of us, which I therefore thought would be extremely relevant to share with you all for this edition of our newsletter. The article reads as follows.
“I hope this story is helpful to others. Even those who’ve heard of a Lasting Power of Attorney often put it into the back of their mind. Of course, you say you will get around to it, but not just yet.
Personally, I had never heard of it when I needed it. Now it’s too late.
My husband has early-onset dementia and had already lost his mental capacity, so could not authorise anything legally binding. He has an aggressive type of dementia that typically affects people in their 50s and beyond. In a couple of years, he changed from someone running a successful company to someone who was eventually detained under the Mental Health Act and is still in a secure hospital.
We had maintained separate bank accounts throughout our married life and I had no access to his accounts — which was a bit tricky as I had given up working a while ago and wasn’t eligible for my own occupational pension.
I was able to pay for a few months’ care fees from my ‘slush fund’ and began the long haul of applying to the Court of Protection for an order to take decisions on my husband’s behalf.
You apply to the court via a series of forms that are supposedly easy enough for a layman to complete. However, I have to say that despite my professional experience and two degrees I found them pretty difficult, and ended up having to engage legal help. The slush fund was looking pretty poor at this point and I also had to pay up front for the court to look at my application. I sold my car to raise more funds.
Refused point blank
It took nearly a year for even an interim decision to come through, by which time I was at my financial wits’ end, still applying for jobs and borrowing from my family to keep the ship afloat. I had asked for the power to determine my husband’s health and welfare needs. It took nearly a year and I was refused point blank. And my husband is still effectively a ward of the state today.
The court’s interim ‘minded to’ letter also said I would only be able to manage his finances if I appointed a second ‘professional’ deputy to help me take decisions — a person I would have to fund. I was appalled by this and responded by giving details of my financial experience, whereupon the judge backed down and the court order came through. I had just one month’s care fees left in my back pocket.
The year running up to the court’s decision was a perfect storm. Coping with my husband’s ill health, navigating the labyrinthine care system, finding a care home prepared to take him, then the home finding him too challenging (which they eventually did with one day’s notice on a bank holiday) and all the time dealing with the court and a precarious financial situation.
Even now, I have to account to the Court of Protection, respond to its questions and pay it a fee to supervise me and read my reports. I’ve also had to take out a mandatory insurance policy in case I decide to run off with his money.
I understand why this rigour is required, but it’s hard when it relates to someone you love and to whom you have been married for more than 40 years. By contrast, choosing to do an LPA is easy-peasy and, for most people, costs a mere £82 and can be done online, if you do it yourself without legal advice.”
From an advice point of view everyone should establish an LPA regardless of age or health. Many think of LPA’s as just being something that is relevant to the elderly who may get dementia or similar but that is far from the case as people lose capacity every day, at any age from things such as accidents, falls, medical operations etc.
LPA’s can also be established to look after your health and welfare in addition to your finances, so if you want the peace of mind of knowing that it will be your family that will look after you and your affairs as opposed to the State then please do not hesitate to establish an LPA without any delay! If you need any further information regarding this issue just let us know and we can possibly refer you to a legal professional who can help you to arrange an LPA if appropriate advice is required.
Stay safe and well and we’ll hopefully be seeing you in the very near future.
Craig
