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A Pembrokeshire couple’s struggle with Lasting Power of Attorney application

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IN LAWRENNY, Pembrokeshire a tale of love, resilience, and bureaucratic hurdles unfolded when Alan Woodhouse, 71, suffered a stroke earlier this year.

As his health began to decline, he found it increasingly challenging to manage his finances. To ease his burden, Alan and his devoted wife, Donna, 58, decided to apply for a lasting power of attorney (LPA), allowing Donna to take control of his financial affairs.

“I was more or less told that he wouldn’t be able to manage paying the bills,” said Donna, expressing her concern for her husband’s well-being.

An LPA is a legal arrangement that permits someone to act on your behalf if you can’t manage your finances or fear you won’t be able to do so in the future. The application must be approved by the Office of the Public Guardian (OPG), but time was of the essence for Donna and Alan.

With a sense of urgency, Donna filled out all the required forms from gov.uk and sent them off to the OPG in early April. However, the couple’s hopes were dashed two months later when they learned that their application had been rejected due to a minor issue with one of the dates beside Alan’s signature.

“There was a tiny line through the 0 in the date,” recounted Donna, visibly devastated by the rejection. “I thought it had all gone through. To my mind, it was silly.”

The rejection meant that Donna had to apply for another power of attorney, with the average registration process taking a staggering 20 weeks. The OPG offered a reduced fee of £41 if she resubmitted the application within three months, but the prolonged wait left Donna concerned that Alan’s health could worsen before the forms were approved.

Donna’s experience is not unique, as thousands of people across the UK face similar challenges with LPA applications. Financial and health LPAs have faced rejection at an alarming rate of 16.5% since 2018, according to data from the wealth manager Quilter.

In the past two financial years, the number of rejections has spiked, causing distress and uncertainty for many families. During the 2021-22 financial year, a staggering 31,254 LPAs were rejected, with the following year seeing only a slight dip to 29,124 rejections. These figures are significantly higher than in previous years, reflecting the growing concerns surrounding the LPA process.

Rosie Hooper from Quilter highlighted the difficulties applicants face, stating, “Navigating through the complexities of LPA applications can often feel like a difficult path.”

The primary reason for the high rejection rates lies in families’ lack of understanding of the legal requirements outlined in the Mental Health Capacity Act, according to Nicola Bushby from the law firm Boodle Hatfield. Many applicants inadvertently include instructions that violate the Act, leading to their forms being rejected.

Bushby emphasised the need for clearer guidance for families, suggesting that better alignment with the Mental Health Capacity Act could alleviate the issue. One common mistake involves the signing order, where improper sequencing invalidates the LPA.

Sarah Lockyer from the law firm Nockolds further highlighted potential pitfalls, noting that any mistakes on the form must be corrected in a specific manner, with initials from all involved parties to validate the changes. The use of Tipp-Ex is strictly prohibited, she warned.

In response to the rising concerns, the Ministry of Justice assured that plans to modernise and simplify the LPA process are underway, aiming for quicker and error-free applications, while strengthening fraud protection.

A Ministry of Justice spokesperson told The Pembrokeshire Herald: “If an application is started on our online LPA service, any issues will be highlighted so they can be rectified before the application is printed, signed and sent in to be registered.”

“Plans to modernise and simplify LPAs are going through Parliament — meaning the process will be quicker, with fewer errors and better protection from fraud.”

As families like Donna and Alan’s continue to navigate the intricate LPA landscape, it remains essential for individuals to seek expert advice and fully comprehend the intricacies of the process. With improvements on the horizon, hope shines through that the bureaucratic roadblocks will be cleared, allowing families to secure a lasting power of attorney with greater ease and confidence.

Adapted from an article originally appearing in The Times

 

News

Two taken to hospital after aircraft ditches in Cardigan Bay

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Coastguard helicopter spotted two casualties after light aircraft came down off west Wales coast

TWO people were taken to hospital after a light aircraft ditched into the sea off the west Wales coast on Friday evening.

New Quay RNLI said its all-weather lifeboat was launched at 6:06pm following a direct page from Milford Haven Coastguard.

The emergency followed reports that an aeroplane had come down in the sea approximately 10 miles north-west of Cemaes Head, with two people on board.

The New Quay all-weather lifeboat proceeded at best speed to the scene, alongside a Coastguard helicopter, RNLI Fishguard Lifeboat and RNLI Cardigan Lifeboat.

The two casualties were spotted by the Coastguard helicopter before being recovered by Cardigan Lifeboat.

They were then transferred to the larger New Quay all-weather lifeboat, where crew members were able to provide casualty care during the return to shore.

Both casualties were brought ashore at New Quay’s main pier and handed over to the Welsh Ambulance Service. They were then transferred to hospital.

Photographs from the incident show lifeboat crews operating in choppy sea conditions, an ambulance waiting at New Quay harbour, and the aircraft partially submerged in Cardigan Bay.

One image appears to show the aircraft floating with part of the fuselage, wings and tail visible above the water.

A navigation warning was later issued after a partially submerged microlight was reported adrift in Cardigan Bay.

The cause of the ditching has not yet been confirmed.

The aircraft’s departure point, intended destination and route have not yet been officially released.

New Quay RNLI confirmed that after the casualties were handed over, its all-weather lifeboat was recovered, rehoused and made ready for further service.

The incident involved a major multi-agency response from HM Coastguard, the Coastguard helicopter, New Quay RNLI, Fishguard RNLI, Cardigan RNLI and the Welsh Ambulance Service.

Aircraft accidents and serious incidents in the UK are reported to the Air Accidents Investigation Branch.

 

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Community

HOPE MS Therapy Centre celebrates 40 years of support in Pembrokeshire

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A special evening of music and celebration marked four decades of service by HOPE MS Therapy Centre, one of Pembrokeshire’s longest-serving self-funding charities.

THE ANNIVERSARY concert took place on Friday evening (June 26) at St Clement’s Church, Neyland, bringing together supporters, trustees, local councillors and members of the community to celebrate the charity’s 40th year.

Founded in 1986, HOPE MS Therapy Centre provides support and therapies for people living with multiple sclerosis and other neurological conditions across Pembrokeshire. The organisation has operated as a self-funding charity throughout its history, relying heavily on fundraising and community support.

Guests enjoyed performances from the Quaynotes Mixed Choir, along with acclaimed soloist Sarah Arthur, in what organisers described as an evening of music, song and thanksgiving.

Among those attending was Pembroke Mayor Jonathan Grimes, who praised the charity’s contribution to the county. He was joined by fellow county councillors and trustees including Simon Wright and Simon Hancock MBE.

Writing after the event, Cllr Grimes said: “Thank you to HOPE MS Therapy Centre for inviting me as Mayor of Pembroke to this evening’s concert to celebrate 40 years of service to Pembrokeshire.

“It was great to see my fellow county councillors and members of the trustee board as well as enjoying a fabulous performance from Quaynotes Mixed Choir and the fabulous soloist Sarah Arthur.

“Congratulations to HOPE MS Therapy Centre. I’m looking forward to being involved with the other events you have planned to celebrate 40 years.”

The concert is one of a series of events planned to mark the charity’s milestone anniversary year.

HOPE MS Therapy Centre continues to support people from across Pembrokeshire, providing therapies, advice and a vital social network for those affected by multiple sclerosis and related conditions.

 

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Local History

Pembrokeshire man rode into history with Custer’s Last Stand

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Dinas Cross-born soldier was among those killed at the Battle of the Little Bighorn 150 years ago this week

A YOUNG man from a remote Pembrokeshire farm found himself at the centre of one of the most famous battles in American history after leaving Wales in search of a new life across the Atlantic.

This week marks 150 years since Sgt William Batine James, originally from Pencnwc Farm near Dinas Cross, was killed alongside General George Armstrong Custer at the Battle of the Little Bighorn.

The battle, fought on June 25 and 26, 1876, became known around the world as “Custer’s Last Stand” after the defeat of the US Army’s 7th Cavalry by a coalition of Lakota Sioux, Northern Cheyenne and Arapaho warriors.

Among the dead was a 27-year-old Welshman whose remarkable journey had begun on the north Pembrokeshire coast.

Born on March 3, 1849, James grew up in rural Pembrokeshire before emigrating to North America as a young man. Records show he arrived in Toronto in 1871 before later crossing into the United States and joining the US Army.

He eventually became a sergeant in Company E of the famed 7th Cavalry Regiment.

Just five years after leaving Canada, James found himself riding with Custer into what would become one of the most studied and debated military engagements in American history.

The battle took place in present-day Montana during the Great Sioux War. Custer’s force was overwhelmed after encountering a much larger Native American force than expected.

Every member of Custer’s immediate command was killed.

For many years, James’s family back in Pembrokeshire had little idea what had become of him. Communication across the Atlantic was slow and unreliable, and news often took weeks or months to reach rural communities.

His story only gradually emerged through letters he had sent home, helping relatives piece together the fate of the young man who had travelled thousands of miles from Dinas Cross to the American frontier.

Today, historians of both Welsh emigration and the American West continue to document the lives of those who fought at the Little Bighorn. James remains one of Pembrokeshire’s most unusual historical figures – a local farm boy whose life became entwined with one of the defining moments of the American frontier era.

One hundred and fifty years after his death, Sgt William Batine James remains a reminder of how far Welsh emigrants travelled in the nineteenth century, and how people from even the smallest communities could find themselves caught up in events that would echo through history.

 

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