Wife Misses Mortgage Payment Due To Husband In Coma
Meet Martin. He’s a 50-year-old married Engineer, who lives in Liverpool, North West, with his wife of over thirty years, Sally. Two years ago the worst happened, when an accident in the factory led to him being in a coma. Everyday, Sally would visit him in hope of some positive news. And in between hospital visits, she was receiving stressful calls regarding their missed mortgage repayments. She felt confused. After all, they had more than enough money in the account to cover it.
So what happened?
Not knowing the ins and outs of why the mortgage repayment hadn’t left the account, she spent days trying to manually set up a payment… with no luck. She’d been frozen out of their account. When she sought financial advice, the financial planner explained that Martin had become a ‘vulnerable person’ and was deemed to have lost the capacity to act. And by law, the Court of Protection had to freeze the accounts, including his joint account with Sally, regardless of the fact that they’ve been married for over thirty years… She thought that because of their relationship, she was automatically the Power of Attorney, she thought wrong.
Because of this, she spent even more time while Martin was unwell, meeting with her financial planner and going to the Court of Protection to apply for a Deputyship application, which would make her a Power of Attorney and therefore able to access their accounts and get their mortgage repayments back on track. This cost them £2,500 legal fees and additional fees over the never-ending 12-week period. As well as the financial cost, it also added to her stress and worry of Martin’s health.
What should they have done?
Setting up a Power of Attorney would’ve solved it all. Through meeting with a Financial Planner or an Independent Financial Adviser they could’ve planned ahead. Instead of the £2,500 (plus fees) cost, they could’ve spent £262 (including a Court Fee) and not missed a single mortgage repayment.