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In March 2020, Derek Draper – the husband of popular TV broadcaster, Kate Garraway – contracted Covid-19.
For nearly four years following his diagnosis, Draper battled the virus and its long-term effects and even when many of us had returned to normal life, the family were still in crisis.
Sadly, Derek Draper passed away in January 2024.
During his illness, Kate Garraway and her family faced significant financial and medical challenges because Derek did not have any type of Lasting Power of Attorney (LPA) – a document that would have named a trusted person to manage the important decisions that Derek was unable to make himself.
Read on to learn more about the family’s story and why it demonstrates the importance of LPAs.
Kate Garraway could not access certain assets as there was no property and financial affairs Lasting Power of Attorney in place
An LPA is a document that allows you to name one or more trusted “attorneys” (a friend, family member, or trusted professional) to handle your affairs if you are not able to yourself, officially known as “losing mental capacity”.
For instance, if you acquire a brain injury or become seriously ill with an ailment that affects your cognitive function, as Derek Draper did, your attorneys will step in and make decisions on your behalf.
There are three different types of LPA:
- Health and welfare – Nominates attorneys to make crucial decisions about your health and medical care.
- Property and financial affairs – Nominates attorneys to take control of your finances and make decisions on your behalf. This person has access to your bank accounts, investments, pensions, and property wealth.
- Business LPA – Nominates one or more individuals to take over the running of your business and make important decisions on your behalf.
You can choose the same person for all your LPAs, or separate attorneys for each. Also, you may select multiple attorneys for each LPA and there is no limit to the number of people you can appoint.
Read more: How to choose a suitable attorney to safeguard your wealth
Most importantly, you can only create an LPA and name attorneys while you are considered mentally capable.
If you do not have an LPA in place, your next of kin does not automatically have the right to manage your affairs.
This was the situation that Kate Garraway found herself in.
When Derek fell ill and lost consciousness very quickly, remaining unable to move or speak for several months, Kate needed to manage the family finances. Yet, she was unable to do this because Derek did not have an LPA.
In her words:
“One of the practical problems – which a lot of people would have experienced if they’ve got the absence of someone in their life – like many things, the car is entirely in Derek’s name, the insurance is in Derek’s name, a lot of our bank accounts. There are lots of financial goings-on which are making life very complicated because I can’t get access to things because legally, I haven’t got Power of Attorney.”[1]
As a result, Kate Garraway faced significant financial stresses while also dealing with the emotional challenges of her husband’s illness. At times, she was forced to rely on friends and family for financial support.
The family could not influence Derek’s medical care without a health and welfare LPA
It is a common misconception that spouses or next of kin can automatically make decisions about a person’s medical care.
As well as being locked out of his finances, Kate Garraway was unable to see certain medical information about her husband or influence his care.
This meant that the family initially did not have a say in the treatment Derek received while in hospital.
Instead, only medical professionals or the courts could have the final say on any crucial choices about his care.
While these trusted professionals benefited from knowledge and experience, they had no personal relationship with Derek or the rest of the family. As a result, they may not necessarily have made decisions that aligned with Derek’s own wishes.
Kate Garraway had to apply to the Court of Protection to become a deputy
As Derek’s condition worsened and it appeared likely that he would require long-term care, Kate Garraway had to regain control of the family finances. She also needed to take over his care once he left the hospital.
To achieve this, Kate had to apply to the Court of Protection to be named as a deputy, through which she gained similar legal powers to an attorney. This was a lengthy legal process that put additional pressure on the family during a difficult time.
There was also no guarantee that the Court of Protection would grant a deputyship to Kate. Fortunately, in this situation, she was named as deputy and provided excellent care for Derek during the remainder of his life.
However, it is important to recognise this is not always the case.
If you do not have an LPA in place and you fall ill or sustain an injury, the courts may appoint someone to support you. This might not be the person you would have chosen, and they may not necessarily act in your best interests.
Creating your Lasting Powers of Attorney now gives you greater control over your wealth
Kate Garraway and Derek Draper’s story demonstrates how failing to put the relevant LPAs in place could create significant hurdles for you and your family.
Crucially, you do not have control over what happens to your wealth if you are incapacitated for any reason.
Fortunately, putting an LPA in place is relatively straightforward. You may want to take this important estate planning step as soon as possible, and we can support you through the process.
Get in touch
We can give you guidance about LPAs and other important aspects of estate planning. Additionally, our investment management, consultancy, and wealth planning teams are here to answer any queries.
Please email info@ipscap.com for more information.
Please note
This article is for general information only and does not constitute advice. The information is aimed at retail clients only.
All information is correct at the time of writing and is subject to change in the future.
The Financial Conduct Authority does not regulate estate planning or Lasting Powers of Attorney.
[1] 13.06.2025 Power of attorney lessons from Kate Garraway’s struggle Professional Adviser
