A recent story in the Daily Mail, about the problems experienced by one of their journalists after the death of her father, provides a salutary lesson to anyone who keeps putting off making a will or a power of attorney.
Despite several conversations on the subject, as her mother had been diagnosed with dementia, Samantha’s parents had not made a will or a power of attorney. While her father reassured her with the promise that “I’m not going anywhere yet”, he had his own ill-health problems and sadly passed away several months after his wife had moved into a care home.
In the midst of grieving, Samantha and her brother had to cope with:
- * administering the estate, with everything passing to their mother who was struggling to communicate and had not made a power of attorney;
- * having to pay bills themselves as they had no access to their mother’s bank accounts; and
- * coping with demands for repayment from their father’s pension provider and an equity release company.
Their only option was to apply to the Office of the Public Guardian for a Court of Protection Order, which the journalist described as costly and “a long and complex process” taking seven months, a lot of form-filling and distressing visits from officials to their homes and to their mother.
They had to pay significant fees to the Office of the Public Guardian and insurance to protect the estate from negligence and a great deal of paperwork and reporting is required.
Soon after the order was in place they were hit with another bombshell, as they were given just three weeks to decide about whether to sell their parents’ house to cover care fees.
Samantha concludes by saying that “At times it is hard not to feel a little angry at Dad for not just getting Mum to sign that crucial bit of paper when she was well. But he had no idea not doing it would leave my brother and me in such a difficult situation while still grieving for him. It isn’t what mum and dad would have wanted for us.
If this article encourages just one family to take the necessary steps to protect their loved ones, I’m sure they would be pleased I shared our story.”
You can read the full article here on ThisIsMoney.co.uk.
For further information on making a will or a power of attorney, please contact Cerrig Parr in our private client team in Heathfield, East Sussex on 01435 890 101 or email cerrigparr@hugheslaw.co.uk