Why Everyone should have one.

A client came to WE Solicitors to make a Lasting Power of Attorney after reading the following article.

Taken from the Police the National Association of Retired Police Officers Magazine. A reader wrote in to tell her story as follows: 

“The article about Lasting Power of Attorney in the November issue of the magazine. I wish someone had told me about it I will tell you why it is essential and how it affected me.

My nightmare began when my husband, a retired Chief Inspector in the RUC aged 64 had a DVT in his brain in an aeroplane on the way to visit Australia. When we finally were able to travel home he was admitted into a psycho-geriatric hospital for treatment.

Everything we owned was in joint names, the car, our house, investments and bank accounts. By doing this we thought that we were safe.

How wrong we were!

I must have been in a state of nerves and anxiety and I have no idea how it happened, but the Court of Protection took over our lives. I had never heard of it and when someone telephoned to tell me that all our accounts had been closed and I could no longer write any cheques or draw any money I was horrified. As I said, we thought all was safe money wise.  I had nothing.

Old age pension did not come until my husband was 65 and therefore I got none either. I had a teachers pension but that was in the joint account and I had no access to it now. I was told that I would be given a cheque to pay for my husband’s necessities and nursing home fees and it would be topped up as necessary. I was to send receipts for everything I bought for him. The cheque came and I was told to open a receiver’s account in my name as receiver for my husband.

The bank tellers did not seem to know what to do and after four banks refused to help I went into bank number five in tears. The sympathetic manager, when I explained what was needed, opened the account for me and one hurdle was crossed.

The next problem was to open an account in my own name for my pension to go into, but it takes time and the pension was put into the now Court of Protection account before I could stop it.

Another month with no money.

The car was bought with our joint account cheque, I was allowed to keep it and was given free car tax, which helped, but I was told that it was only to be used for the benefit of my husband i.e. hospital visits and shopping for him. I did mine at the same time!

The car was bought with our joint account cheque, I was allowed to keep it and was given free car tax, which helped, but I was told that it was only to be used for the benefit of my husband i.e. hospital visits and shopping for him. I did mine at the same time!

It took quite a few months before the cheque for my half of all monies came from the court and life was difficult to say the least in the meantime.

After about 2 1/2 years my husband died. I went to contact my solicitor to tell her of his death and to ask for his will and for the address of the Court of protection that I could tell them too. The solicitor told me that she would do it for me and named her price per hour for the work. By this time, with nursing home fees I was very hard up, so told her that I would do it myself if she would be so kind as to tell me the address of the Court of Protection.

She looked at me and said ……. wait for it! ” Mrs Smith, I spent four years learning how to be a solicitor, I give nothing away”. After I had dried my tears, remember my husband had died that morning. I summoned what dignity I could gather and went straight to the Citizens Advice Bureau. Where I was given the address and sympathy.

It took quite some time for the Court of Protection to settle our affairs and to send me the cheque for the remaining part of the money that had not been used for my husband’s care, but there was no interest given. When I asked for the interest I was told that it had been used for court charges plus an extra £61. I never knew who they were protecting, it certainly was not my husband, as I did all for him, and it was not me.

So! Please, please, anyone who has not got power of attorney get it and save yourself money and heartbreak. I only wish someone had told me about it sooner. Also, it is a good idea of everyone over the age of 60 to have an account in their own name to fall back on in times of emergency like mine”.

Thank you for taking the time to read Mrs Smith’s Story. Do not let this happen to you. Make a Lasting Power of Attorney. Book an appointment today.

For a Free Consultation please ring 0880 294 3065

Or email jo-ann.mason@wesolicitors.com

Neil Barker was in a motorbike accident that left him with serious brain injuries. He was later awarded compensation £1.7m. His Solicitor, who had dealt with his personal injury claim, was then appointed as his Deputy by the Court of Protection to deal with his financial affairs on his behalf.