The Essential Guide Magazine Stockton Heath and Appleton Aug - Sept 2014 | Page 29

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Essential Feature

Talking Wills

We all need a Will, but did you know
that this is not always enough, as our
customer Anne found out? This is Anne’s
story.

“In December 2004 my husband David
suffered a stroke and fell into a coma. He
never stood up or spoke again.
David had critical illness cover, so I
thought at least our financial position
was secure, but my nightmare was only
beginning…
We had been independent working
people and to continue living in the way
we had, I needed access not only to our
joint bank account, but David’s account
too - where his critical illness policy had
been paid. But as David couldn’t sign
anything, I had to deal with the Court of
Protection. I had no idea how difficult
this would be… I found it an intrusive,
time-consuming and costly institution,
completely out of tune with our needs.
Everyone’s heard of life assurance and
critical illness cover, but no one talks
about Lasting Power of Attorney. Yet, in
a case like ours, it’s the only way to avoid
the Court of Protection.
David’s affairs were placed under the
jurisdiction of the Court and a Deputy
had to be appointed to act for him.
The Court doesn’t distinguish between
spouses, family members or strangers.
So despite being married, I had to apply
to be appointed David’s Deputy, making
me answerable to the Court.

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But whom is the court protecting? And
from whom? As the months went by it
became apparent that the Court’s primary
role was to protect my husband from me!
The Court seemed to be doing all it could
to drive a wedge between us and all our
independence was taken away.
I was shocked to find that even though
I was David’s Deputy I had to get the
Court’s permission to spend over £500
in one transaction, even to pay our
son’s university and accommodation
fees! The Court fees were horrendous:
commencement fees, appointment fees,
administration fees, wind up fees... In
three years, over £3,000 was spent on
Court and accountants’ fees alone.
The Court of Protection may have a role
to play in some situations, but in our case
it was a terrifying institution, using legal
forms and archaic terminology to protect
itself at huge financial and emotional
cost to us. Yet all of this could have been
avoided if only we had known how!”
At Talking Wills we use our combined 50
years of Wills and Probate experience to
make sure you get the very best advice for
your future and that of your loved ones.
We are members of The Society of Will
Writers, a worldwide inheritance and
succession planning regulatory body and
we adhere to their strict codes of conduct,
ensuring your interests are safeguarded.
Our membership of STEP means our
estate planning experts are just that –
fully trained experts in our field.
So if you have any concerns about the
future or just need sound advice, please
call our Warrington Office on 01925
859623.

Please call 01925 766742

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