Six years ago, Heather Bateman’s husband, Michael, was tragically knocked down on a country road.
“I saw him one minute, and the next minute he was lying on the ground. An ambulance came, and he never stood up or spoke again. It was the most horrific thing,” Heather recalls.
Michael fell into a coma. The couple had been married for 28 years, and as the main breadwinner, his wages paid all of the household bills. They had made plans for the future and had even written their Wills — something Heather assumed would be sufficient for all eventualities.
However, because Michael was still alive, Heather soon discovered that she could not access any of his money.
The Legal Reality
Heather couldn’t legally access her husband’s bank accounts or assets because he had not granted her Power of Attorney over his finances before the accident. Had this been in place, she would have been able to manage their financial affairs immediately.
Instead, she had to apply to the Court of Protection — a court designed to protect the assets of vulnerable individuals who can no longer make decisions for themselves.
Eventually, Heather was granted permission to manage her husband’s finances, but only under strict conditions.
“I could never write a cheque for more than £500. Our daughter had just started university, and her fees were over £1,000. I was effectively being asked to ask permission to pay my own daughter’s university fees,” she explained.
The Wider Issue
The system was reformed in 2007 in an attempt to address problems highlighted by cases like Heather’s. The Ministry of Justice said the changes were intended to allow a more personalised approach, giving people greater flexibility while maintaining safeguards for the vulnerable.
Even so, many families continue to experience similar difficulties, and the system remains under review due to the number of complaints and challenges it generates.
How to Avoid This Situation
The only sure way to prevent this kind of additional heartache is to appoint someone as your Lasting Power of Attorney (LPA) while you are still able to do so. Despite government advice urging everyone to take this step, only around 135,000 people in England and Wales registered an LPA in the last two years — less than 1% of the population.
Lawyer Julia Avery, an expert in this field, explains:
“A Lasting Power of Attorney is a document you put in place now so that the right kind of decisions — the decisions you’ve made for yourself — can be made by someone else for you at a time when you can’t make them yourself.”
To grant someone LPA, you can download the forms from the Office of the Public Guardian’s website, have them witnessed, and pay a £120 registration fee. Alternatively, a solicitor can manage the entire process for you.
Having an LPA in place could have saved Heather significant costs, stress, and emotional hardship. After nearly three years in a coma, Michael sadly passed away.
“I cried when Michael died,” Heather says. “And I cried again when I was released from the Court of Protection — that at last I was free. I wouldn’t want anybody to go through that if they could avoid it.”
Key Takeaway
Heather’s experience serves as a sobering reminder that a Will alone is not enough. A Lasting Power of Attorney ensures that someone you trust can manage your finances, healthcare, and personal affairs if you ever lose the ability to do so yourself.