Latest news with #CourtofProtection
Daily Record
22-06-2025
- Business
- Daily Record
Woman had to pay £20k to access her own bank account as husband was dying
Nicky Wake was left in 'limbo' as she was unable to access their joint bank account A young widow who had to pay out £20,000 to access her own bank account has issued a warning to people to be prepared when the worst happens. Nicky Wake's husband Andy died in April 2020 from Covid while he was in care. His death came a few years after he suffered multiple heart attacks that led to a catastrophic brain injury. Unable to walk, talk, or care for himself, Andy required round-the-clock specialist care in a nursing home. During that time, Nicky, 54, said she was left in 'limbo' as she was unable to access their joint bank account despite them being co-directors in their events and management company. This meant Nicky couldn't manage the business or pay herself dividends. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. Andy had not appointed a legal or digital executor, prepared a will, or set up a power of attorney before his illness and death. Nicky, from Manchester, told The Mirror: 'It was an unholy mess. Andy kept all of the savings in his ISA. He joked that it was for a rainy day, and that day happened in 2017. 'It was pouring down and I couldn't access our savings when I needed it the most. I was solo parenting our son Finn, now 17, struggling with child care, while my husband was critically ill in hospital with no prognosis of a happy ending. His consultant said to me, 'your story does not have a happy end', and at the same time, I was worried about the financial implications.' While Nicky had her own current account, she relied on the savings account and was left financially stranded at the worst possible time. 'We used that account to buy our son school shoes and his birthday presents every year', she said. To regain control of their finances and the business, Nicky had to fork out over £20,000 in legal fees. Even after regaining control, she was obliged to account for every expenditure to the Court of Protection. Nicky said: 'Even though the money was jointly mine, I had to detail every penny of that in a heartbreaking report. So when I was fighting the biggest battle of my life, trying to stay alive, I was bashing needlessly. 'It was the most trying and horrid of times. I understand why the Court of Protection is in place, but it drove me to despair and the worst of all scenarios. 'I did CPR for 40 minutes to keep him alive, and at times the Court of Protection made me wish I hadn't, and that is a terrible and awful burden to carry.' She added: 'It is my fault, we should have had those grown-up conversations and we should have got a power of attorney in place, but we didn't.' Nicky didn't gain full access to their business until Andy died. In addition, Nicky was unable to access his social media accounts - a place where he had long connected with friends. She struggled to guess passwords and wished she could inform his friends about his condition and share regular updates. Contacting customer service representatives on social media platforms was 'impossible'. Nicky added: 'Every other day, a Facebook memory pops up with Andy, it's a beautiful yet heartbreaking reminder. 'I would have loved to have created a post for the love of Andy and put that on his account, but I never got the chance to do that.' She also lost messages from her husband. She said: 'I lost every WhatsApp conversation I had with him, and you don't understand how heartbreaking and painful that is. Not being able to go back and look at those memories. 'You need to back those up, save your WhatsApp conversations. It was something I had to experience.' Nicky is now urging everyone to keep an updated will, establish a power of attorney, designate legacy contacts for all digital and social accounts, back up crucial chats like WhatsApp to the cloud, and keep a secure, accessible record of account passwords. 'There are a lot of important assets we need to keep and treasure. 'We need to be having those difficult conversations, but we don't talk about it enough. You don't think it's going to happen to you, but then it does.' Reflecting back, she added: 'It was heartbreaking, horrible, kind of limbo. I felt like I was fighting battles on every front. To have to deal with admin, lack of access, financial worries, on top of a life-changing tragedy, was beyond belief. I used to wake up and couldn't believe what had happened to our beautiful family, I still don't.' Following this time, Nicky was inspired to launch a platform designed to help others like her - widows and widowers - in finding companionship, love, and hope following profound loss. Research Manager at SunLife, Jordan Flynn, said: 'If you're thinking about leaving instructions for your funeral or writing a will, it's a good time to leave clear instructions for your digital estate. Not doing so can mean loved ones are locked out of important accounts or left unsure about whether to memorialise, delete, or manage your social media accounts. 'Some people may like the idea of their profiles and photos remaining online for loved ones to remember them by. But others are uncomfortable with these accounts being visible when they're no longer around to manage them.' Jordan shared her top five tips on how to take control of your digital legacy. Digital executor: 'Appoint someone you trust to manage your online accounts and digital assets when you die. This can be the executor of your will or a separate person with digital know-how.' List online accounts: 'Make a comprehensive list of all your online accounts, and make sure you include everything from social media and email to online banking, cloud storage, and entertainment services. If you have appointed a digital executor you won't need to list all your passwords, just the username or email address associated with each account.' Legacy contact: 'Most major platforms have a specific feature where you can appoint someone as your digital executor within your account profile. For example, Apple has a 'Legacy Contact', Facebook also has a Legacy Contact, and Google has Inactive Account Manager – it is something you have to opt into, so make sure you have taken the necessary steps.' Document digital wishes clearly: 'You need to make sure there is evidence of what you want to happen to your digital legacy – there can be no grey areas. Clearly state whether you want accounts deleted, memorialised, or passed on, and who should receive sentimental content like photos or videos.' Store instructions securely: 'You need to make sure your wishes are securely stored – ideally, include your digital instructions in your will to ensure they're legally binding. Alternatively, you can store them with your solicitor or in a secure place known to your executor.' Jordan added: 'Preparing for your digital legacy is no longer optional in the internet age. It's a simple step that can save your loved one's unnecessary distress - and ensures your online identity reflects your wishes, even after you're gone. 'SunLife's Digital Wishes Pack ( includes everything you need to know about listing online accounts, deciding what should happen to each one, and leaving clear instructions for loved ones – download it for free today.'
Daily Mirror
22-06-2025
- Business
- Daily Mirror
Wife pays huge £20k fee to access her bank account after husband dies from Covid
Nicky Wake, who lost her husband in 2020, was left grieving, solo parenting and trying to run a business, all while being forced to fight the financial burden that became emotionally overwhelming When Nicky Wake lost her husband, the last thing she was thinking about was finances. But during the heartbreaking midst of grief, she faced the devastating financial burden and had to pay out £20,000. Nicky, 54, from Manchester and founder of tragically lost her husband, Andy, on April 17, 2020, due to COVID-19 while he was in care. It came just a few years after Andy suffered multiple heart attacks that led to a catastrophic brain injury. He was sadly left completely incapacitated. From 2017 to 2020, Andy was unable to walk, talk, or care for himself and required round-the-clock specialist care in a nursing home. It was during this time that he caught COVID-19 and sadly died. While under specialist care, Nicky said she was left in "limbo" as she was unable to access their joint bank account. Adding to this, Nicky and Andy were co-directors in their events and management company, but she was unable to secure full access. This meant Nicky couldn't manage the business or pay herself dividends. Andy had not appointed a legal or digital executor, prepared a will, or set up a power of attorney before his illness and death. "It was an unholy mess", Nicky shared exclusively with the Mirror. "All of our life savings were in one account. Basically, it's entirely my fault because I spend far too much on shoes, so he was the money man. He kept all of the savings in his ISA. He joked that it was for a rainy day, and that day happened in 2017. "It was pouring down and I couldn't access our savings when I needed it the most. I was solo parenting our son Finn (now 17 years old), struggling with child care, while my husband was critically ill in hospital with no prognosis of a happy ending. His consultant said to me, 'your story does not have a happy end', and at the same time, I was worried about the financial implications." While Nicky had her own current account, she relied heavily on the savings account and was left financially stranded at the worst possible time. "We used that account to buy our son school shoes and his birthday presents every year", she said. To regain control of their finances and the business, Nicky had to fork out over £20,000 in legal fees. Even after regaining control, she was obliged to account for every expenditure to the Court of Protection. The entire ordeal was emotionally shattering and a colossal burden during an already heartrending time. Nicky said: "Even though the money was jointly mine, I had to detail every penny of that in a heartbreaking report. So when I was fighting the biggest battle of my life, trying to stay alive, I was bashing needlessly. "It was the most trying and horrid of times. I understand why the Court of Protection is in place, but it drove me to despair and the worst of all scenarios. "I did CPR for 40 minutes to keep him alive, and at times the Court of Protection made me wish I hadn't, and that is a terrible and awful burden to carry." She added: "It is my fault, we should have had those grown-up conversations and we should have got a power of attorney in place, but we didn't." Nicky didn't gain full access to their business until her husband had passed away. In addition to this, Nicky was unable to access his social media accounts - a place where he had long connected with friends. She struggled to guess passwords through tears and wholeheartedly wished she could inform his friends about his condition and share regular updates with ease. Contacting customer service representatives on social media platforms was "impossible". Nicky added: "Every other day, a Facebook memory pops up with Andy, it's a beautiful yet heartbreaking reminder. "I would have loved to have created a post for the love of Andy and put that on his account, but I never got the chance to do that." Another gutwrenching blow saw Nicky lose messages sent from her beloved husband. She shared: "I lost every WhatsApp conversation I had with him, and you don't understand how heartbreaking and painful that is. Not being able to go back and look at those memories. "You need to back those up, save your WhatsApp conversations. It was something I had to experience." Nicky is now urging everyone to keep an updated will, establish a power of attorney, designate legacy contacts for all digital and social accounts, back up crucial chats like WhatsApp to the cloud, and keep a secure, accessible record of account passwords. "There are a lot of important assets we need to keep and treasure," she shared. "We need to be having those difficult conversations, but we don't talk about it enough. You don't think it's going to happen to you, but then it does." Reflecting back, she added: "It was heartbreaking, horrible, kind of limbo. I felt like I was fighting battles on every front. To have to deal with admin, lack of access, financial worries, on top of a life-changing tragedy, was beyond belief. I used to wake up and couldn't believe what had happened to our beautiful family, I still don't." Following this time, Nicky was inspired to launch a platform designed to help others like her - widows and widowers - in finding companionship, love, and hope following profound loss. Research Manager at SunLife, Jordan Flynn, shared: "If you're thinking about leaving instructions for your funeral or writing a will, it's a good time to leave clear instructions for your digital estate. Not doing so can mean loved ones are locked out of important accounts or left unsure about whether to memorialise, delete, or manage your social media accounts. "Some people may like the idea of their profiles and photos remaining online for loved ones to remember them by. But others are uncomfortable with these accounts being visible when they're no longer around to manage them." Offering advice, Jordan shared her top five tips on how to take control of your digital legacy. Digital executor "Appoint someone you trust to manage your online accounts and digital assets when you die. This can be the executor of your will or a separate person with digital know-how." List online accounts "Make a comprehensive list of all your online accounts, and make sure you include everything from social media and email to online banking, cloud storage, and entertainment services. If you have appointed a digital executor you won't need to list all your passwords, just the username or email address associated with each account." 'Legacy contact' "Most major platforms have a specific feature where you can appoint someone as your digital executor within your account profile. For example, Apple has a 'Legacy Contact', Facebook also has a Legacy Contact, and Google has Inactive Account Manager – it is something you have to opt into, so make sure you have taken the necessary steps." Document digital wishes clearly "You need to make sure there is evidence of what you want to happen to your digital legacy – there can be no grey areas. Clearly state whether you want accounts deleted, memorialised, or passed on, and who should receive sentimental content like photos or videos." Store instructions securely "You need to make sure your wishes are securely stored – ideally, include your digital instructions in your will to ensure they're legally binding. Alternatively, you can store them with your solicitor or in a secure place known to your executor." Jordan added: "Preparing for your digital legacy is no longer optional in the internet age. It's a simple step that can save your loved one's unnecessary distress - and ensures your online identity reflects your wishes, even after you're gone." "SunLife's Digital Wishes Pack ( includes everything you need to know about listing online accounts, deciding what should happen to each one, and leaving clear instructions for loved ones – download it for free today."
Leader Live
17-05-2025
- General
- Leader Live
Concerns over the future of adult autistic daughter
When my autistic daughter reaches 18 will I still be able to make decisions for her? Q: I am a single mum with an autistic daughter aged 17. She is physically able but is non-verbal and will never achieve the mental capacity of an adult. I have taken care of her on my own and fought for her rights all her life. I am now worried what will happen when she reaches 18. Will I still be able to have a say in what happens to her? And what will happen about her financial affairs and wellbeing if something happens to me? A: Once an autistic child in England and Wales turns 18 they become an adult and legally your parental responsibility ends, meaning you no longer have automatic rights to make decisions about their care, education or finances. Until it is formally established through assessments that as an adult your daughter lacks mental capacity to care for herself and make decisions, it will however be deemed that she can make her own decisions about all aspects of her life. Under the Mental Capacity Act 2005, mental capacity is 'decision specific', So your daughter would need to be assessed in respect of every aspect of her life where she requires help and support in decision-making. In her case it seems likely a Deputy would need to be appointed, which could be you. A Deputy is someone given authority by the Court of Protection to make decisions for a person who lacks capacity. It would ensure your daughter receives the continuing care and provision she needs. You can apply for a Deputyship Order for your daughter's Property and Financial Affairs and/or her Health & Personal Welfare. More than one Deputy can be appointed, to act jointly or severally. There are many issues you will need to consider when seeking to obtain a Deputyship Order, including Education, Medical Services, Income and Finances, Living Arrangements, Safety, Decision-Making and Vocational & Other Services. This may seem overwhelming, but a solicitor can help with all of it. • This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
Daily Record
02-05-2025
- Health
- Daily Record
Legal expert shares crucial steps to take after dementia diagnosis to ensure protections are in place
An estimated one million people across the UK are living with dementia. There are currently estimated to be around one million people with dementia across the UK, but more than a third of people with the condition do not have a diagnosis, according to the Dementia UK charity. The number is expected to rise to 1.4 million by 2040. Dementia is an umbrella term for a range of progressive conditions that affect the brain. Each type of dementia stops a person's brain cells (neurones) working properly in specific areas, affecting their ability to remember, think and speak. Dementia can affect a person at any age but it's more common in people over the age of 65. However, John Roberts, Partner and Director of Austin Lafferty Solicitors, is urging people affected by dementia to familiarise themselves with a Power of Attorney as it could be crucial later on. Understanding a Power of Attorney A Power of Attorney allows a trusted person to manage someone's financial and/or health affairs if they lose mental capacity. Having a Power of Attorney in place acts as a legal safeguard, similar to insurance, helping avoid serious problems with financial and care decisions in the future. A diagnosis of dementia does not automatically mean a person cannot grant a Power of Attorney. Someone with early-stage dementia can still create a Power of Attorney if they understand what it is, what it does, and who they are appointing. However, it is important to act quickly, as dementia is a progressive condition, and any delays could result in the person losing the capacity to grant a Power of Attorney. A Power of Attorney can cover either financial matters (bank accounts, bills, property) or health and welfare decisions (medical treatment, care preferences). In either case, the individual must show sufficient understanding at the time of signing. Solicitors carry out an initial assessment to check mental capacity, including asking basic questions and explaining the Power of Attorney process. If there are doubts about capacity, a medical assessment by a doctor or specialist may be required before proceeding. If dementia has advanced too far, a Power of Attorney cannot be granted, and family members must apply for a court order instead: In England and Wales, this is a Deputyship Order from the Court of Protection In Scotland, it is a Guardianship Order through the Sheriff Court Setting up a Power of Attorney usually takes a few weeks, whereas obtaining a court order can take several months and involve complex legal and medical assessments. To ensure fairness, solicitors meet privately with the individual (without family members) to confirm the decision is voluntary and free from coercion. Solicitors will check family structures and the individual's choice of attorney to prevent disputes or suspicions of undue influence. John Roberts, Partner and Director of Austin Lafferty Solicitors, said: "Setting up a Power of Attorney is crucial for individuals diagnosed with dementia, allowing a trusted person to manage their finances or health decisions if needed. 'Early-stage dementia does not automatically prevent someone from creating a Power of Attorney, but acting quickly is essential as the disease progresses. If capacity is lost, families must pursue more complex and time-consuming court orders instead. 'Solicitors safeguard the process by ensuring the individual understands their decision and acts without coercion. A Power of Attorney provides legal protection, helping to avoid stress, delays and disputes in the future." The simple message from the legal expert is:'Do not delay. Seek legal advice early after a dementia diagnosis to ensure the right protections are in place.'
BBC News
22-03-2025
- Health
- BBC News
Mencap urges medics to improve care of patients with disabilities
Greater awareness is needed in how to treat people with disabilities after a man died in a hospital following complications from kidney dialysis, a charity Tooke, 30, from Norwich, died in August after a line from a dialysis machine became detached, causing an air embolism that triggered a fatal brain Tooke's mother, Camilla Tooke, believed her son had been subjected to discrimination at the hospital based on his disability and questioned whether doctors had done all they could to save his life. Jon Sparkes, the chief executive of Mencap, said: "All healthcare professionals should receive training to ensure unbiased decision making." The Norfolk and Norwich University Hospital, which treated Mr Tooke, said: "We are committed to provide the best care for people with a learning disability and autistic people and to make adjustments when necessary to access the care they need." Mr Tooke had Williams Syndrome - a condition affecting development - and autism. He was non-verbal and had learning was later diagnosed with chronic kidney disease and a Court of Protection order led to him being put on the inquest into Mr Tooke's death, Ms Tooke said following her son's embolism, "Dr Fletcher [the head intensive care consultant] said 'well, what quality of life does he have anyway?'"I knew the question of DNR [do not resuscitate] was coming, so I said: 'You can't ask me to make that decision,' to which he replied, "you won't make that decision. I will."At the inquest Dr Simon Fletcher apologised to Ms Tooke, claiming she had misunderstood his comments and that he had not acted in a discriminatory manner. Dr Fletcher told the inquest he had intended the question to ascertain Mr Tooke's quality of life prior to the embolism, in order to assess whether treatment might have left him in a permanent vegetative said: "He'd suffered a catastrophic brain injury and one of the difficulties of critical care is there are two difficult aspects; the decision of when people are going to benefit... and second is when enough's enough."Critical care is not without real difficulties for the patient physically and psychologically so I always like to understand what the quality of life for the patient was before that and I was asking that only to establish, not as a judgemental issue." Mr Sparkes, from Mencap, added: "Jordan's family battled tirelessly to ensure their 30-year-old son could access treatment."All healthcare professionals should receive training to ensure unbiased decision making and ensure all NHS providers are making reasonable adjustments so people with a learning disability can access adequate care."No family should ever have to ask if the NHS is doing everything that they can to save their son." Rachael Cocker, the chief nurse at the hospital, said: "Our deepest condolences are with Jordan's family following their loss."Our clinicians and learning disabilities team at NNUH worked closely with Jordan and his family to make adjustments to enable him to receive dialysis with the aim of him receiving a kidney transplant in the future."Our teams were devastated by Jordan's death and are committed to learning from what happened."The Oliver McGowan Mandatory Training on learning disability and autism has been embedded across our trust to ensure all staff have the skills to provide appropriately adjusted care for people with a learning disability and autistic people to reduce health inequalities." Follow Norfolk news on BBC Sounds, Facebook, Instagram and X.
