The full extent of COVID-19's global impact is yet unknown but developing daily. With this in mind we would like to share the measures we take to protect our clients, staff and our business each and every day. In light of the Coronavirus pandemic, it's important to stay updated with information and follow guidelines from trusted organisations like Public Health England, gov.uk, NHS & NHS 111 online. We ensure that we obtain our information from these reliable sources and trust this prevents us spreading misinformation that may cause general panic. Whilst hospitals and governments work to keep people healthy and safe, many businesses, like ours, are continuing to provide customers with what they need during this period. At Argo we don't just provide legal support during a time of need we also provide each of our clients a support service through our Social & Wellbeing team which is available to assist during self-isolation periods Keeping our clients safe We update our employees with the latest news developments and health regulations. We make sure everyone understands how to look out for common symptoms of the coronavirus like a dry cough, shortness of breath and/or fever. We make sure our team is following protocol given by Public Health England like washing hands, using tissues when sneezing (if you have no tissue use the crook of your arm/elbow), sanitize surfaces and if you display any symptoms stay at home to keep everyone healthy. At Argo we are working hard to keep our clients and staff safe during this current pandemic. The working practices we have already in place are designed to protect our vulnerable clients. How are we maintaining our service We need to maintain our service throughout this pandemic but how can we succeed in doing this if we are self isolating and unable to see our clients? We have worked hard over the past few years to improve how you can access our services. Firstly, the traditional way: Our office telephone is 01622 843729 and is switched on 9am - 5pm Mon, Tues, Thurs, Fri 1230 to 5pm Wednesdays Outside of normal office hours you can leave a message and our duty on call team member will call you back. Our Social & Wellbeing team supports our clients and they have access to our 24 hour freephone response line. Please understand that services are in high demand and we endeavor to answer all telephone calls however if you have to leave a message we will contact you the same day You can send us your inquiry by email to info@argolifeandlegacy.co.uk We have also listened to our clients about how they wish to contact us. As a response to this we developed and launched our new website in 2019 in which we have included great new ways to access our service. You can Live Chat with us via our home page (bottom right corner). Using Live Chat gives you access to a messaging service so you can speak directly to our team. It's great to get simple questions answered quickly. Via our website you can request to download our Argo mobile device app. This will keep you up to date with the news we share. You can also find out about our events via the app and Live Chat with us when you are on the move. We also have an Argo community forum within our app so that we can answer questions and have discussions to help our clients and carers navigate their individual journeys. Client Meetings Most of our client meetings are held within your own home. We are determined to ensure that the Argo team are in the best of health for all of our meetings. If any of the team or our clients are not feeling well meetings are postponed or covered by another member of the team with the relevant expertise. However with the magic of technology we have other methods available to ensure you can have your meeting, even with us not being in the room! HOW? We are able to hold telephone conference meetings through our inhouse system with multiple people, in different locations. We also have our own encrypted online video meeting rooms, where families can log in via mobile phone, Ipad or PC from their own home, office or holiday villa and catch up. In the past this has helped us deliver our services to families who live worlds apart. We share news when we get it With news changing daily we are keeping our Argo Live! news up to with changes which could affect our service. You can access Argo Live! via our website, Argo Mobile app, or our social media Facebook, Twitter or Linkedin services. Social & Wellbeing team readiness Argo Life & Legacy has the benefit of our Social & Wellbeing team which responds to any of our clients in their time of need, whether it is an urgent hospital admission, finding care providers or sourcing locksmiths, plumbers and electricians, the team work to ensure everyday problems don't become major issues. Our team is already making plans for our clients to enable us to respond if or when the government decide to implement self-isolation for the over 70's. We will be available to support whatever our clients and families require. At Argo we are working hard to keep our clients and staff safe during this current pandemic. The systems we already have in place are designed to protect our vulnerable clients and make sure their lives can continue as normally as possible. If you need us we are here, so phone.

We have just received notification from our colleagues at Emerson Grange that they will be closed to all visitors and relatives from Friday 13 March 2020, until further notice, in order to protect their residents and staff from the Coronavirus. This means that our talk on lasting powers of attorney scheduled for the afternoon of 18 March has been postponed. As soon as we have rescheduled dates we will let you know. We understand that visitors to the owners of apartments in Emerson Grange Mews are still able to visit as normal. If need to speak to anyone at Emerson Grange call them on 01322 610090.

Have you heard about the Helping Hands Scheme offered by the European School of Osteopathy? Here is a snapshot their website:- To mark ‘Random Acts of Kindness Day’ and in line with the ESO’s charitable aims, this February we relaunched our ‘Helping Hands Scheme’* . Helping Hands recognises the fact people may be in pain but not have the means or the motivation to seek help. A maximum of 20 places available, with a course of up to six osteopathic sessions free of charge; these are offered on a case by case basis and cannot be guaranteed. Those enquiring about the Helping Hands scheme should indicate:- - how long they have been experiencing pain - personal circumstances that may qualify them for the Helping Hands scheme; for example - the applicant may be taking a break from employment to care for young children, or elderly relatives, they may have ongoing health issues and be considering osteopathy for the first time, or perhaps they or their partner have experienced redundancy - personal circumstances that may qualify them for the Helping Hands scheme; for example - the applicant may be taking a break from employment to care for young children, or elderly relatives, they may have ongoing health issues and be considering osteopathy for the first time, or perhaps they or their partner have experienced redundancy - a telephone number or email address – it is usual for Mr Thomas to contact applicants individually Under normal circumstances, we would not expect current or previous ESO Clinic patients to apply. Although we would not ask for formal evidence of income, we would hope our charity status would be respected when deciding whether to submit an application. Closing date for applications: Friday 29 May 2020 Applications should be sent to robertthomas@eso.ac.uk or in writing to: Mr Robert Thomas ESO Clinic 104 Tonbridge Road Maidstone Kent ME16 8SL * Treatment will only be offered where considered appropriate following an 80 minute initial consultation. As part of their professional code, Osteopaths have an obligation to refer patients to other health professionals when osteopathic treatment is not deemed suitable or where further investigations may be required.

This is probably not something that will affect the majority of deputies who are not acting in a professional capacity, but for those of us who have a family member looked after by a professional deputy this is something you need to be aware of. The Court of Protection has recently issued a judgment in relation to legal advice and costs where a professional property and affairs deputy asks another member of their professional firm to provide advice. The Court was specifically asked to consider in what circumstances a professional can recover legal advice costs and how they manage conflict if there is a need to take legal advice within their own firm. A deputy is usually given general authority to deal with the administration of a person's financial affairs. The general nature of the power relates to ordinary tasks required to manage a person's affairs. When you look at obtaining legal advice this is general authority limited to non contentious legal advice for example buying and selling houses. In the recent case the Court of Protection has decided that litigation is beyond the scope of a deputy and is not within the general power they are given. The legal advice received can cover advice up to but not including anything past issuing letters notifying the other party that litigation will be commenced. If litigation is required permission must be sought from the Court of Protection first. The only two exemptions to this are if matters need to be brought to the attention of the Court of Protection if they relate to the property and affairs of the person being looked after or if the Court needs to make a decision in relation to the welfare of an individual if the care they are receiving is unlawful or when the body which sought have brought the case fails to do so. If a professional deputy instigates litigation before permission is given by the Court they may not be able to recover their costs. So how could this affect your family member? Here is an example, the property and affairs deputy can commence proceedings in relation to a continuing healthcare application but cannot begin an appeal against a decision without permission of the Court. In an attempt to deal with the conflict issue which arises where a deputy instructs another member of his firm to act on his behalf the Court has been quite clear. There are one two ways a deputy can do this. Firstly, the deputy can ask, in the original application for their appointment, for permission to use in house lawyers. It will be down to the facts of the specific situation as to whether this permission will be given. In these circumstances it is more likely the Court will impose restrictions and conditions on any such permission rather than give blanket authority. The second option requires the deputy to do three things, namely to obtain three quotes for the work, make and record a best interest decision as to which lawyers to instruct and then the following rules apply a. if the deputy selects a different firm, the instructions can proceed, but b. if the deputy selects the in-house provision, the deputy will need to seek approval from the court if the cost will be more than £2,000 plus VAT, and c. set out any legal fees in the deputy's return to the Office of the Public Guardian, appending notes of the decision making process If a deputy acts outside of their power it may be that the decision or resolution involved does not stand or that your family member ends up paying for fees which should never have been incurred in the first place. If your family member is currently involved with litigation instigated by their deputy then it is important to determine whether they have permission to continue or whether a stay needs to be sought to obtain permission. This case is another example of how finding the right deputy to manage financial affairs is important. As a family member you can ask questions about how the professional deputy will manage or is managing the affairs of your mother, father, sibling or child. If you have any concerns then you are always able to contact the Court of Protection and raise your concerns directly with them.

Yesterday we were lucky to be invited to speak to the team and selected guests at the new Barchester Healthcare care home in Herne Bay. Herne Place is due to open in the summer of 2020. The home is 2 minutes off the A299 and about five minutes away from the seafront. The first phase will see forty rooms en-suite rooms being filled with individuals needing residential care, dementia care and respite breaks. With residents being able to have on-site private dining for special occasions, spa bathing, onsite hairdressing and a dedicated minibus for day trips. Being a new home it will have all the modern facilities for those living with dementia to live in a dementia friendly, multi sensory environment. From a quick review of the menu it does not look as if anyone will go hungry! With breakfast, mid morning snacks, a three course lunch, afternoon tea, a three course evening meal along with the options of evening supper and a late night menu I think some larger size trousers may also be on the menu. The builders are still in and welly boots may be the order of the day for a visit but the team would love to see you if you are looking at options for the future. Some may think that this is an advertising gimmick but we truly support the great care homes and their teams who support us with our clients so it is only right that we shout about the good homes we find! If you do want to have a look and see what is on offer here is the link for the website https://www.barchester.com/home/herne-place-care-home. If you just want to go an have a quiet nose about why not drop into one of their community events which are taking place during March:- Essential Oils Talk Wednesday 11 March 1-2.30pm Basketry demonstration Wednesday 18 March 1-3pm Antique valuations and talk Wednesday 25 March 1-3pm Or, why not just give Sam a call. She would be delighted to help with any queries that you may have.

2020 is a leap year and thousands of women across the globe will take the opportunity to propose to their partners. Whilst the romance will pass in the moment the legacy that is left by marriage is long lasting. Finances change, families change, personal circumstances change and although you will be married, none of us can predict what is round the corner. Here are five practical things to think about after the romance of a leap year proposal:- 1. Assets held before marriage None of us truly believe, whilst we have our heads in the romance clouds, that things could ever go wrong, but they do. If you are bringing assets to a marriage you should give thought as to whether it is wise for you to prepare a prenuptual agreement before you exchange your vows. Divorces can be costly so, if you are in love, would it really matter if you agreed to leave the relationship with what you came with, even if divorce will never happen, just to be cautious? 2. Make a will Before you were married your assets were your own and would pass to your parents and siblings if you had not made a will. Upon marriage this all changes. If you do not make a will and you are married at the time of your death the law sets out in rules called the Intestacy Rules who has what. This could mean that your new wife/husband of three weeks inherits your entire estate to the exclusion of your family. A will governs where your assets go on death and can ensure a fair split between your new spouse and your family. 3. Make a new will If you have made a will before you marry you cannot rely on this will after your wedding day. A marriage revokes an existing will so you will need to update or resign a new will to ensure it is valid after your marriage. 4. What do you do with the kids? It is likely that after the hangover from the wedding has subsided you could hear the patter of tiny feet. Whether this is the dog or triplets, have you decided what would happen with your children if both you and your spouse died? Think carefully about who you would wish to look after your children in your absence and provide for your children in an appropriate way. Would you want them to live with their guardians, would you want them to stay together, if they inherit from your estate who would you want to look after their inheritance until you considered them old enough to receive it? 5. Get some independent financial advice Being a married grown up brings responsibility. What happens to your family if you die? Have you stated where any death in service pension from your employer goes? You want to ensure it does not pass into your estate for inheritance tax purposes. Do you have life insurance? Can your spouse continue to pay the mortgage or live your current standard of living if you die? An independent financial adviser can provide advice on the best way to secure your family’s future when you are not here. For further information, advice and support on these issues contact Kelly or Claire on 01622 843729

We are proud to support the great team at The Heart of Kent Hospice. Argo is part of a team of ambitious companies who have all committed to raise over £1,000 each year to help those living in our community with a terminal illness. Donations raised by 100 Club members supports the Heart of Kent specialist nurses who care for over 750 people in our community. We value our partnership with the Hospice and achieve our fundraising target of £1000 by supporting the Hospice "Make a Will Month" and donating time to their Dementia Cafes. If you have a head for business, a heart for community and believe your team can rise to the challenge of raising £1,000 in a year, contact the Hospice's Corporate Partnerships Manager Lawrence. He can't wait to hear from you. To get started email Lawrence.edmead@hokh.co.uk or call 01622 790195

I have read my monthly update from the Institute of Legal Finance and Management this morning which contained an interesting article about costs v trust. As you will know from previous articles Argo has to confirm with transparency rules which were introduced last year but according to client research costs are not the most important factor when picking a lawyer. A research company called LawNet has undertaken research over six years and has received almost 70,000 satisfaction surveys and undertaken almost 5,000 anonymous experience reviews. Their survey has resulted in some surprising results:- Just 4% of new business is won on price Two thirds of new business is generated through reputation and trust Thirty percent of new work came from existing clients Nineteen percent of new work arose from recommendation Seventeen percent of the new work came from the people and character of the firm These statistics reflect what Argo is finding with our clients. This is the reason why we place such an importance on making sure our clients have a good customer experience when they work with Argo. Whilst we know we are not perfect yet with this we are making big strides into ensuring that we are proactive rather than reactionary and that we are there when our clients need us the most. In looking at costs, more important to clients than the price of the work they wish to complete, was having an understanding of how the charging structure of the law firm worked. Also on the tick list was understanding the benefits of using the firm and being kept up to date with work progression. LawNet says that this reflects findings by the Law Society which suggests that customers cannot differentiate between firms. It is not surprising to note that whilst 95% of lawyers think they explain charges to clients clearly at the outset whilst only 70% of clients believe they do!! There is a fear within the legal profession of discussing costs. Clients fees they are not able to negotiate. Lawyers worry about having open discussions with clients about fee boundaries and increases in costs. Here at Argo we know we are not the cheapest and we know we are not the most expensive. We do however pride ourselves on making sure that you leave our meetings fully understanding what you are doing, with the power to come back as often as you need to have questions answered safe in the knowledge that we are not scary people to deal with.

We have had several clients this month whose death's have been referred to the Coroner. Just in case you ever need to know about the Coroner's Court and how it works we have found a handy information booklet that we have provided to our client which helps to understand the whole process. Here is the website link if you think it might be of some help. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/859076/guide-to-coroner-services-bereaved-people-jan-2020.pdf

Most legal updates are about tax and changes in legislation. Many may say, not great bed time reading. It is not often that an article in a legal journal grabs your attention as this one did with me! And, of course being me, I felt I had to share it with you because it shows how the law is changing to catch up with modern life. Apparently, companies are now being set up to enable your tattoos to be preserved following death. Of course, it started in America, but apparently this really happens! It would seem that the rise in fame of some tattoo artists and the status this brings to their creations could turn a simple tattoo into a work of art! The fabulous team at the Society of Trust and Estate Practitioners have explored this new area of law to see what would happen as there is no case law or statute in England to provide guidance. So I thought I would let you know what they say just in case you feel the need to preserve your treasured tattoo for your loved one! The starting point for discussion seems to be the law which says that a person cannot dispose of their body through a will. However in two cases which have come before the courts it was determined that a preserved human specimen kept by a doctor was considered to be property being capable of being sold by executors on the doctor's death. The second case related to the theft of body parts from the Royal Collect of Surgeons. Both of these cases indicated that it is possible for a body or part thereof to be property capable of being sold or stolen. The STEP article reports that in this later case "the judge observed that the common law does not stand still and on some future occasion the courts may hold that human body parts are capable of being property where they have a use or significance beyond their mere existence". Decisions have since followed which indicate that sperm donors are the legal owners of their frozen sperm and that a gift of frozen sperm in a will could be left as a gift in a will. So, in this modern age where people want to do all sorts of weird and wonderful things after their death, what happens if you are an executor that has to give a tattoo to a beneficiary. Firstly, I would call the office and ask us to locate the STEP article and find the two amazing authors who can provide guidance but then I would consider the advice they give. Personal representatives of an estate have to determine how and where a body should be disposed of and make the arrangements. The wishes of a deceased about how their body is disposed of are not binding, but also are not irrelevant. Whilst a personal representative may not be obligated to preserve a tattoo, in the event of a dispute a Court may make orders to enable such a thing to be done, particularly if it is written in a will. Once the tattoo has been removed it is likely to be considered property based on the cases above so it could be gifted under the terms of a will, which is binding, but the removal is an instruction which is not binding?! So, perfectly clear then!! Also the article goes on to question whether executors have a duty to preserve the value of an estate for the beneficiaries and whether they could be held liable if they did not preserve a tattoo which could, in the future, become valuable? The answer to that question seems to be that we just don't know yet. It would seem, following this article, that I may need to begin to ask questions about the tattoos that my clients have to see whether we need to have a more peculiar conversation about what they want to do with them. May be I will not have to deal with this question in 2020 but I can certainly see it coming round the corner. After all, look at what we now do with Banksy's works of art, which were once upon a time considered graffiti!!

An eighteenth birthday is a milestone for any family. It is the coming of age. A time of independence and maturity. Not to mention the time for that first legal drink, cakes, balloons and the big step into the future. After the birthday celebrations have died down and the balloons have all gone flat life returns to normal. But is this the case for everyone? Up until an eighteenth birthday parents of all children can make decisions in relation to property, finances and health and welfare needs for their children as they are the responsible parent. From eighteen this all changes. If your child has capacity they become and adult, become legally responsible for their own actions and can make their own decisions. You would expect this to be different for an eighteen year old with learning difficulties, but it isn't. In the eyes of the law an eighteen year old is now an adult, although they may lack capacity to make decisions for themselves because of their disability. For the parent this can mean they are not now asked to make decisions on their behalf of their child in relation to finances or indeed health and welfare. So what happens? If a child has capacity, despite their disability, it may be possible to put in place a property and affairs and a health and welfare lasting power of attorney. These documents will enable people to assist in respect of all financial or health related decisions. It is always worth taking expert professional advice to see if instructions can be obtained. Young adults with disabilities should never be written off and inventive ways can be used to obtain instructions. Communication just needs to be at their level and in a way they will understand. If capacity levels are not sufficient then the option is to apply to the Court of Protection for a financial deputyship order or a health and welfare order. A deputyship order will allow a parent to manage a bank account and collect benefits, pay rent and deal with any daily living costs their child may incur. If their child is fully funded and does not operate a bank account a parent can apply to the DWP to be an appointee to enable them to manage state benefits. Whilst difficult to get, it is also possible to apply for a deputyship order to enable a parent to make decisions about a child's health and/or welfare needs. After all, as a parent, don't you want to be the one to make the decisions about your child's ongoing education and accommodation needs, not to mention any medical interventions that may be required in the future. Applying for a deputyship order can feel like you are using a sledgehammer to crack a nut. Costs, paperwork and time can seem to outweigh the benefit that a deputyship order brings but do not be put off. A deputyship order will ensure that the decision making power remains with those who know and support a child the most. We see many clients at Argo who do not take the lead in putting in place these documents for their children. Distressed parents on the phone because the local authority and medical team are advocating treatment the family don't agree with, the local authority placing a child in a home their parents deem to be unsuitable, changes in educational placements without family agreement are all cases that we have had through the door at Argo. Each of these could have been dealt with much more easily with a deputyship order or a lasting power of attorney. If you are the parent of a child with a learning or physical disability please take the time to obtain advice about how best to protect your children for their future and ensure that your family remain in control of their future. Please do not delay in getting advice. A phone call costs nothing.

One of the questions often asked by family upon a person's death is do you know where the will is? If you have not been informed of this vital piece of information things can begin to get rather difficult rather quickly. With no official central register in the UK finding a will can be extremely difficult. Yes, Certainty offer a will registration service but this is a service which legal practices opt in to use. Still the vast majority of firms in this country do not use the service which means that hiding in the vaults of many law firms are thousands of current and historical wills which may have been forgotten, revoked or are simply waiting for someone to find them. The Daily Mail reported on 29 October 2019 that Lloyds Bank have, due to an administrative blunder, discovered many wills in their storage system which may mean that up to 9000 families could have to unravel estates administered some years ago. This could mean that estates have been distributed under the Intestacy Rules to the wrong beneficiaries or under a previous will as no-one knew that stored by Lloyds Bank existed! It is understood that these wills were found among 190,000 valuable papers stored in their safe custody service. Despite this blunder Lloyds Bank believe that any issues may be restricted to families within the hundreds and not thousands as 90% of the wills located had been superseded by new wills. Should anyone suffer difficulties as a result of this mishap Lloyds have confirmed that they will be fully compensated, that legal costs to rectify the situation will be covered and no-one who has incorrectly received funds from an estate will be asked to return payments. So what is the moral of this story?? Always make sure that you know where you will is. Keep a copy of it at home if you are storing elsewhere and make sure that your immediate family know its location. If you do make a new will collect your old wills from storage and keep them with the new will. Make sure you also store your will with a law firm rather than a bank as a safety deposit box cannot be opened until a Grant of Probate has been obtained and you cannot do this without the will!! If you are searching for somewhere to store your will Argo offers free storage for your will and other important paperwork which you are welcome to use. Not only do we store your documents safely but we provide you with a paper and electronic copy and twenty four hour access to our strongroom facility meaning you can access documents whenever you wish. If you have had problems with Lloyds and this whole messy situation has affected you please give us a call on 01622 843729 to see what we can do to help sort it out.