Funded nursing care contributions are paid by the Department of Health to nursing homes for nursing care on behalf of their residents. A person may be eligible for funded nursing care contributions if you need medical assistance from a registered nurse or live in a nursing home. If you move into a nursing home you should make sure that the home carries out a funded nursing care assessment. If successful payments are made directly to the care home and not to the individual resident. The standard payment is made on a weekly rate which can increase annually. Before 1 October 2007 funded nursing care was paid at three rates; low, medium and high. If you were in receipt of the low or medium rate on 1 October 2007 you were moved to the standard rate. If you were in receipt of the higher rate you will have retained the higher rate payment. It is important to make sure that you claim funded nursing care as it should be deducted from your bill if you pay for your own care. You do need to check how funded nursing care is detailed in your invoice as sometimes homes will charge a fee which does not include the funded nursing care, in which case they are unlikely to pass on the costs. In effect that home is just charging you for the residential element of their charges. In a care home contract the fee payable, including nursing care should be set out clearly. If your home does charge a fee which takes into account funded nursing care it is important that checks are made to ensure that annual increases in funded nursing care contributions are claimed and collected by the care home. It does depend upon the terms of your contract as to whether any increase is passed to the resident. To see whether you are entitled to have a reduction in your fees if the funded nursing care contribution is increased you need to review the terms of your contract and any standard information given to the resident when you moved in. If the terms and conditions of the contract are signed and have been explained clearly to show that when increases in fees happen they are not passed on then there may be no argument to receive the payment. If the terms of the contract were not clear or explained then you may be able to claim any increase in funded nursing care. If you do not receive a written contract or it does not explain how funded nursing care contributions should be treated you may be eligible for a repayment of the funded nursing care contribution. As with all payments in relation to care if there is a change in circumstances then funded nursing care payments may be withdrawn. Nothing in the care world is straightforward and sometimes a little bit of advice is helpful and can go a long way. If you are receiving funded nursing care and want to know more give us a call.

Rules governing gifting under Lasting Powers of Attorney are very strict. The legislation says that an attorney can only make gifts on behalf of a donor on customary occasions and to any charity the donor may have been expected to make gifts. These gifts cannot be for any amount however and need to be proportionate in relation to the size of the estate of the donor. A customary occasion is a birth, or anniversary of a birth, marriage or formation of civil partnership or any other occasion on which presents are customarily given between families and friends. Donor's still attempt to sidestep these strict rules by including instructions in their Lasting Powers of Attorneys. This is likely to be because they have no understanding of the legality of the instructions they have included and the strict rules that are given to attorneys within the law. Donor's also do not usually understand the difference between and instruction and a preference as stated on the lasting power of attorney and can therefore end up putting the wrong thing in the wrong box. A donor can restrict the provisions included in the Mental Capacity Act but cannot seek to widen them beyond what the law says. It is only the Court of Protection that can authorise greater gifts. This is why it is important to get advice in relation to preparing lasting powers of attorney so you do not find yourself in the position where something put in the wrong box means an application to the Court of Protection to clarify or the rejection of your lasting power. There have been a number of cases put before the Court of Protection since the beginning of this year, focusing on instructions placed in Lasting Powers of Attorney which authorise attorneys to financially provide for others. This is because it is an area which causes many problems. The Court was asked to consider phrases such as:- - the attorney must ensure that the needs of my daughter are taken care of - the attorney must make sure that my son is looked after in the way that I do - my attorney lives with me in my home and must be allowed to continue to live there if I need full time care - my attorney is to make sure that my daughter is given whatever financial assistance she needs from my estate - if I am currently making gifts to my daughters my attorneys must continue to do so from my excess income or should meet these from capital if there is insufficient income - All property must be transferred to my wife and my children must be provided for Previously instructions such as - my attorneys will continue to pay for my grandchildren's school fees - if my father is still alive my attorneys should continue my contribution towards his care - my attorneys should continue to make annual or monthly gifts already being made by me on the date of signing this lasting power of attorney were all considered to be in breach of the gifting rules set out in Section 12 of the Mental Capacity Act. It is the role of the Public Guardian to police the workings of lasting powers of attorney and to seek clarification when things are unclear. The Public Guardian placed these applications before the Court because he considered the donor's intentions to use their funds to benefit individuals other than themselves might be ineffective as part of a lasting power of attorney or could prevent the lasting power of attorney from operating as a valid lasting power of attorney. So this all seems nice and straightforward so far!! The Public Guardian asked whether these provisions were completely invalid under Section 12 of the Mental Capacity Act; valid because they instructed attorneys to provide for individuals that the donor had a legal obligation to maintain; or just plain and simply valid. The Public Guardian also asked, where the person to benefit was the attorney, whether the gift was invalid because the financial relationship between donor and attorney gives rise to a conflict of interest or valid because the donor had overridden the conflict by making the gift in the first place. The aim of asking these questions was to confirm whether a donor could direct an attorney to use their money to financially support someone else and, if that person was an attorney, whether they could do this. Are you still with me?......... In considering the questions the Court made the following decisions:- 1. If a donor wants to use their funds to benefit someone else this is invalid unless the gift relates to customary occasions. 2. Provision by a donor to benefit another is not valid just because they have a duty to maintain that person, by law, anyway. 3. If gifts are expressed as mandatory or included as an instruction they are invalid but if they are worded as a wish and included as a preference they can be included in the lasting power as an expression of wish of the donor. 4. a gift to provide for an attorney does not render the power of attorney invalid because of the financial obligations and duties held between a donor and an attorney but it does not mean the gift can be made. 5. If a donor wishes to gift money to an attorney it is not affected by a conflict of interest because that conflict has been overridden by the attorney including the gift. However, this is to be looked at in line with the attorney's duty to act in the best interest of the donor. So what does that actually mean for you as the donor. Well, in making your property and affairs lasting power of attorney the law says you are able to make customary gifts proportionate to the size of your estate. Case law indicates that you cannot instruct your attorney to make gifts that do not fall within the parameters of these gifts. If you wish to consider such gifts they need to be included as an expression of wish or as a preference in your lasting power of attorney. Whilst this does not make it much clearer it does mean that your lasting power of attorney will not be rejected by the Court and gives the attorney the power to consider the gift and apply to the Court of Protection for a specific order to facilitate your wishes. For your attorney this highlights the reason why considering carefully whether they should act in the first place is important. It is also important for your attorney to fully understand the restrictions and conditions imposed upon them in their role as attorney to ensure they do not accidentally slip up and make a mistake. We are here to help if you need us!!

At some point in everyone's life they are vulnerable. This does not have to be because of something in particular but could be due to many things or a range of situations and sometimes it is just a temporary thing. Many of Argo's clients fall into this category because of bereavement, health issues, capacity issues, physical disabilities, frailty or as a result of influence being exerted over them. If we do not consider this vulnerability we are at risk of claims against us for discrimination, compensation for bad advice if we did not consider the situation fully, complaints to our regulators and the loss of our reputation. This is why when we look after our clients we take into account age, visible and invisible disabilities, capacity issues, cognitive impairment, mental health problems, brain injuries, different types of abuse whether it be by themselves or a third party, bereavement and communication difficulties and many other things. Each has to be considered so that we can make sure we work with you in a way that meets the needs you have from us. It is not always easy to spot someone who is vulnerable and this may be why you think we might ask some funny questions, may ask to see you at home or may ask family not to be present when we speak to you. This is not us being awkward or difficult but us making sure we understand the situation you are in. At every stage of planning and reviewing the services we provide at Argo we look at how we can best meet the needs of our vulnerable clients. Rather than always using the internet we actually speak to people! We go to houses so you do not have to struggle to come to see us. We have tried to make sure our website is as user friendly, easy to understand and simple as possible but we also provide everything that is on the website in paper versions if our clients prefer. We spend a lot of time in the community just listening and talking. Not that you want to but soon there will be podcasts within our website so that you can listen to us as well! We have tried to make our offices as easy to find as possible. We are above the Gateway in Maidstone Town Centre, just next door to the bus station on King Street. Our office is accessible by stairs, lift and escalator. We have parking and disabled facilities on hand and will even meet you from the bus or train is that what you wish, if you do want to come and see us. Our office is bright and airy and calming because we want you to be relaxed in our company. We do not charge extra for emergency visits if you are unwell or for visits outside of office hours because you cannot help when things happen and you can certainly guarantee that if something does happen, it will not be between Monday 9am and Friday 5pm! At Argo we want to make sure you feel safe in our hands and feel truly supported by us to help you achieve all you want to. Nothing is too much trouble.

We are beginning to get our decorations for Halloween out of the cupboard. We intend to be the only office in the Business Terrace which is decorated this year. We will post our pictures once we have finished. Are you joining in the celebrations??

Argo are organising a ten pin bowling session for our friends on 17 November 2019 at 11 am at the Hollywood Bowl in Maidstone. A game of bowling, consisting of ten balls, will cost £3.15 is your over 65 or have a registered disability. Lunch is on offer if you fancy reliving your youth with a milkshake and a something in a basket!! If you fancy bowling whether you are 9 or 90, have a visible or invisible disability or just simply want some company call Kevin on 01622 843729 for more information

We know that legal advice is not always the cheapest purchase but there is a reason lawyers charge for what they do. We have many years of experience and learning in our field and it is this learning and experience that you are purchasing when you come to see us. The benefit of legal advice has been highlighted by statistics issued by the Office of the Public Guardian for the 2018/19 administrative year. The Office of the Public Guardian are the administrative arm of the Court of Protection and bring cases before the Court where attorneys or deputies are considered to be inappropriately acting on behalf of the person they are looking after. During this year a total of 721 applications were made to the Court by the Office of the Public Guardian which is an increase of 45% on applications for the previous year. Making improper gifts and not acting in the best interests of the person being looked after were the most common causes of applications. In addition to this 2883 safeguarding investigations were launched which is up again on the previous year by 54%. Often misuse of power is notified to the Office of the Public Guardian by family members, care homes and local authorities who suspect bad behaviour is occurring but are powerless to do anything about it. In many cases abuse is not discovered until after a person has died which makes it incredibly difficult to recover any misappropriated funds. Taking on the role of attorneyship or deputyship should not be taken lightly. Unfortunately, it is often the case that those who do take on this role fail to take legal advice about what this means for them and do not refer to the guidance which is out there to support them in their daily decisions, record keeping and boundaries for their actions. Taking on the role without advice can mean that you fall into a legal issue without even realising it existed. To spend an hour with a suitably qualified and experience lawyer should be considered an investment and not an unnecessary expense as you will build a relationship that you, as an attorney or deputy, can rely upon for the duration of your appointment. If you are an attorney or a deputy and are not sure what it means for you give us a call on 01622 843729 as we will be able to put you on the right path at the very beginning!

South East Water have a special service for customers who have additional needs because of physical or invisible disabilities. Have you registered yet? It's easy to do. Just contact South East Water and let them know which services you will need from them, complete their application form and you will be added to their Priority Services Register. You can choose to: - receive prior warning of planned work which will interrupt your water supply - receive important information in a format which is easier for you to read and understand - register a password with South East Water for their technicians to use if they visit you at home - nominate someone you trust to receive your bill - receive information about specialist organisations which can provide advice on adaptations to water appliances and fittings around the home If you have not registered for the Priority Services Register call South East Water between 8am and 7pm Monday to Friday or on Saturday between 8am and 1pm on 0333 000 0001 or speak with our social and wellbeing team who will be able to help complete the application paperwork.

You must have read that it is important to exercise your brain as well as your body. If you or a member of your family have been diagnosed with dementia and enjoy social interaction why not go along to a dementia brain training session. Enjoy a relaxed day using cognitive therapy techniques to exercise your mind, play puzzles, sing and chat over a cup of tea and lunch. Help your concentration and memory, share experiences and make new friends. If you fancy a go contact the brain train me team at info@braintrainme.co.uk or call them on 07544 851 024. Sessions are run at the Ditton Community Centre every weekday between 9.45am and 2.45pm

It is being reported in newspapers that the Justice Secretary Robert Buckland has worked with a committee of MPs and quietly pushed through proposals to kill off Theresa May's increase in probate fees. He described the increase as "not fair and proportionate" as it is reported that 280,000 families would pay higher probate fees with 56,000 families paying between £2,500 and £6,000 as a result of the increased charges. So, it seems unfortunate that the Government will now lose a potential £185million in increased court fees but it has been a successful fight for the legal profession who have fought hard for the best interests of their clients. As soon as we receive confirmation from the legal profession we will confirm this news bite!

Lawyers are being asked to be transparent about the costs they charge their client. This should already be taking place I hear you shout! Do you really have a full understanding of what charges you lawyer makes when you seek advice? CILEx Regulation Ltd along with regulators of solicitors and registered conveyancers have implemented guidelines to make sure that for certain areas of work you have full knowledge of the charges involved in a process before you even make a phone call. The transparency rules state that law firms must publish on their websites or in paper form the following:- - the total price of the legal service - whether the charge is based on an hourly rate or fixed fee - the services that are included in the price - all services that might reasonably be expected to be included in the price - the cost of all disbursements and an explanation - the VAT on services that are provided - details of any fee agreements which are in place (usually for litigation) Argo's website has a special page dedicated to our charges. For the area of the law in which we work we only have to provide this information about the charges in involved in estate administration but we have decided to let you know what we charge in all areas of work we do. Over the coming weeks you will also see our charges in relation to wills, lasting powers of attorney, care advice, personal assistance and support and our social and wellbeing services.

After trauma, sweat and tears our new website is finally here. Because we want to provide you with as much information as we can the website is not all being released at once. There are many plans afoot and new and exciting things to look out for. We have taken a lot of time to get this right. We have spoken to our clients both young and old. We have spoken to those living with dementia, strokes, visual and hearing problems to try to build a site which works for our clients. We are being totally transparent in all that we do so you can see from the outset what our charges are, our terms of business are, our complaints procedure is. We are launching a client forum shortly where you can ask as many questions as you wish and discuss subjects and share experiences. Not to mention our You Tube Channel which is in the making to provide you access to short learning experiences. As always we welcome your feedback and suggestions for improvement. We hope you like what we have done!

With the average cost of a funeral varying from family to family it is those with the least amount that bear the greater burden of costs on the death of a loved one. In 2017 there were 607,000 deaths across the UK and of these only 94,000 had considered purchasing a prepaid funeral plan to relieve the financial burden of funeral costs at death. In some circumstances an average funeral can cost up to 40% of the annual income of a low income household. It is thought that the average cost of a funeral is now in the region of £4,300 with a potential further £2,000 being spent on flowers and life celebrations. The Competition and Markets Authority and HM Revenue & Customs are separately reviewing the funeral industry because of the rising costs of burials and cremations and associated costs and the vulnerability of individuals at the time these purchases are necessary. This is no formal regulatory body overseeing the funeral industry which can step in to impose rules and procedures so perhaps a review is overdue. The review which started in Autumn 2018 is looking into whether information provided on funeral prices and services are sufficiently transparent for customers to make appropriate choices, increases in year on year prices and factors affecting costs incurred by funeral directors. What is surprising however is from initial research conducted on behalf of the Competition and Markets Authority knowledge among the general population on how to arrange a funeral is vague, the exact prices involved with a funeral are not scrutinised by customers and that is was not thought appropriate to negotiate the cost of a funeral. What is pleasing however is that quality service from funeral directors is considered in terms of going "above and beyond" to provide support to families at difficult times and giving their family member a meaningful farewell. Initial findings were provided in a 133 page report in November 2018. These indicated that the review had uncovered difficulties within the market. Following the initial review the public has been consulted and further reports are due later this year. To view the initial Competition and Markets Authority report please click https://tinyurl.com/yb5hx4k2 As soon as we hear further news in relation to this review we will, of course, update you. In the meantime make sure you do your research to find an excellent funeral director who will meet your requirements and standards and also check what you are being charged for!!