Kate Garraway and Power of Attorney: Lessons for Every UK Family

Kate Garraway and Power of Attorney: Lessons for Every UK Family

Kate Garraway's experience caring for her husband Derek Draper became one of the most public and heartbreaking illustrations of what happens when a family is thrown into crisis without the right legal protections in place. Her story is not just a celebrity headline — it is a warning that every UK family should take seriously.

Derek Draper, a former political adviser, was hospitalised with Covid-19 in March 2020. He became one of the UK's longest-suffering Covid patients, spending over a year in hospital and returning home with devastating, life-changing conditions. He required round-the-clock care until his death in January 2024.

Throughout this ordeal, Kate spoke openly about the financial and legal nightmares she faced — not because of any failing on her part, but because the legal system simply was not designed to make things easy when someone loses capacity unexpectedly.

The Financial Struggles Kate Faced

When Derek was hospitalised, Kate could not easily access his finances. Bank accounts, investments, pensions, and financial arrangements that were in Derek's name became extremely difficult to manage.

The problems included:

• Inability to access Derek's bank accounts and savings
• Difficulty managing mortgage payments and household bills
• Challenges dealing with tax affairs and financial obligations
• Complications with insurance policies and investments
• Mounting care costs with limited ability to reorganise finances

Kate has spoken publicly about the financial pressure this created. At one point she revealed she had been close to losing the family home. Care costs were enormous, and accessing the money to pay for them was a bureaucratic nightmare.

Why Didn't Kate Have Power of Attorney?

This is the question many people ask, and the answer is simple: like millions of UK couples, Kate and Derek had not set up Lasting Powers of Attorney.

They were a couple in their early 50s. Derek was healthy and active. The idea that he might suddenly lose all mental capacity was not something they had planned for — just as most families do not plan for it.

This is incredibly common. Research shows that only around 1% of adults under 55 have an LPA in place. Most people assume these documents are for the elderly. Derek Draper's case proved how dangerous that assumption can be.

What an LPA Would Have Changed

If Derek had created a Property and Financial Affairs LPA naming Kate as his attorney, the situation would have been dramatically different.

With an LPA, Kate could have:

• Accessed Derek's bank accounts immediately
• Managed mortgage payments without obstruction
• Dealt with pension providers and insurance companies
• Made financial decisions to fund his care
• Sold or remortgaged property if needed
• Managed tax affairs and financial planning

Instead, without an LPA, Kate faced the prospect of applying to the Court of Protection for a Deputyship order — a process that is slow, expensive, and stressful at the worst possible time.

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The Court of Protection Alternative

When someone loses mental capacity without an LPA, the only route for family members is through the Court of Protection. This involves:

Time: Applications typically take 4 to 12 months to process. During this time, you may have very limited ability to manage the person's affairs.

Cost: Legal fees for a Deputyship application typically range from £1,000 to £5,000, plus the court application fee of £371. Ongoing annual supervision fees apply.

Ongoing obligations: Deputies must submit annual reports to the OPG, maintain detailed financial records, and may need to take out a security bond.

Less control: The court decides who becomes deputy — it may not be the person your loved one would have chosen. The court can also impose restrictions on what the deputy can do.

Compare this with an LPA, which can be created for as little as £74 with myLPA and registered within weeks. The contrast could not be starker.

What Happened to the Garraways Is Not Unusual

While Kate's story made national headlines because of her public profile, the same situation plays out in thousands of UK families every single year.

The statistics are sobering:

• Around 150,000 people per year in the UK develop dementia
• Approximately 100,000 people suffer strokes annually, many losing capacity
• Thousands more lose capacity through accidents, brain injuries, and sudden illness
• Only about 6 million LPAs have ever been registered — covering a fraction of the adult population

For every Kate Garraway story in the news, there are thousands of families going through the same ordeal in private, struggling with frozen bank accounts, mounting bills, and an unresponsive legal system.

Derek Draper's Legacy: A Call to Action

Derek Draper passed away on 5 January 2024. In the aftermath, Kate continued to speak about the importance of planning ahead.

Her message to families has been clear: do not assume it will not happen to you. Do not wait until someone is ill. Put the legal protections in place while everyone is healthy and has full mental capacity.

This is a message we echo at myLPA. Creating an LPA is not about expecting the worst — it is about protecting the people you love from unnecessary suffering if the worst does happen.

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Lessons Every UK Family Should Take Away

1. Age does not protect you Derek was in his early 50s when he lost capacity. Strokes, accidents, and sudden illness can affect anyone at any age. Do not wait until retirement to think about an LPA.

2. Marriage does not give you automatic rights Many people assume that being married or in a civil partnership means you can automatically manage your spouse's affairs. This is wrong. Without an LPA, a spouse has no legal authority over the other's finances or health decisions.

3. Joint bank accounts are not enough Even joint accounts can be frozen if one party loses capacity. Banks have a legal obligation to protect vulnerable customers, which can mean restricting access.

4. The process is simple when done in advance Creating an LPA while everyone is healthy is straightforward and affordable. With myLPA, it takes as little as 15 minutes and costs just £74 — the cheapest LPA service in the UK.

5. You need both types of LPA Kate's financial struggles highlighted the need for a Property and Financial Affairs LPA. But a Health and Welfare LPA is equally important — it ensures your chosen person can make medical and care decisions on your behalf.

How to Avoid What Happened to Kate

The good news is that protecting your family is simple, affordable, and can be done today.

Step 1: Create your LPAs Set up both a Property and Financial Affairs LPA and a Health and Welfare LPA. With myLPA, both start from just £74 each — the cheapest service in the UK.

Step 2: Choose your attorneys carefully Pick someone you trust completely. Most people choose a spouse, adult child, or close family member. You can appoint more than one person.

Step 3: Register your LPAs An unregistered LPA cannot be used. Register it with the Office of the Public Guardian so it is ready when needed.

Step 4: Tell your family Make sure your loved ones know you have an LPA and where to find it. There is no point having one if nobody knows it exists.

Step 5: Review regularly Life changes. Review your LPA every few years to make sure it still reflects your wishes and circumstances.

Frequently Asked Questions

Could Kate Garraway have avoided her financial problems with an LPA?

Yes. A Property and Financial Affairs LPA naming Kate as attorney would have given her immediate legal authority to manage Derek's finances, access his accounts, and make financial decisions on his behalf.

How much does it cost to create an LPA?

With myLPA, an LPA costs just £74 — the cheapest service in the UK. The OPG registration fee is £82 per LPA. Solicitors typically charge £300 to £500 per LPA.

Can I create an LPA for my spouse?

You cannot create an LPA for someone else. Each person must create their own LPA while they have mental capacity. However, you can each name the other as your attorney.

What if my partner has already lost capacity?

If someone has already lost mental capacity, it is too late to create an LPA. The only option is to apply to the Court of Protection for a Deputyship order, which is slower and more expensive.

How long does it take to set up an LPA?

With myLPA, you can complete the forms in about 15 minutes. Registration with the OPG currently takes 8 to 12 weeks. The key is to do it while everyone is well.

Do young people need an LPA?

Absolutely. Derek Draper was in his early 50s. Accidents and sudden illness can strike at any age. Anyone over 18 with assets, a partner, or dependents should consider an LPA.

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Do Not Let This Happen to Your Family

Kate Garraway's story is a powerful reminder that none of us are immune from sudden illness or incapacity. The time to act is now — while you are healthy and able.

Create your Lasting Power of Attorney today with myLPA. At just £74, it is the most affordable way to protect your family's future.

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