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- Have you turned your heating on yet?
I don't know about you but my heating has been on a couple of times already and I have already lit the fire. It is well known that as soon as you put the heating on for winter it breaks down because it has not really been used during the summer. So why not try it a few times before you really need it. Turn it on for a few hours over the next few weeks to make sure it works and perhaps get it serviced before you really need it. Let's not sit in the snow this year, in lots of jumpers, waiting for the heating engineer to arrive! Have you also checked to make sure that you chimney has been swept from last year and your smoke alarm and carbon monoxide alarms are working? Although the local fire service won't sweep your chimney they will come and test your alarms. Keeping the heating on all the time is more cost effective than it switching on and off on a timer throughout the day. It will also help to ensure your pipes do not freeze. Don't forget though that with warmer houses and closed windows the likelihood of condensation increases. It is potentially hazardous to your health as condensation leads to mould which can cause problems for those living with asthma and other respiratory conditions. If you do not want to open your windows make sure you open the window vents. Perhaps leave a small window open for a short period of time in the rooms you use the most. Get someone to check that your airbricks on the outside of the house are not blocked by weeds, plants or overgrown grass. Check where the airbricks come into the house and make sure the internal access is not blocked by furniture. Leave a gap between the wall and your furniture to allow air to circulate and make sure you use your extractor fan in the kitchen and bathroom when cooking and running the bath or shower. If you do not have a tumble dryer make sure you dry clothes in a room where you can open the window and close the door. Most of all do not be afraid to put your heating on. Keeping warm is the most important thing during winter, particularly for the elderly and vulnerable members of our communities. The winter fuel payment and cold weather payments will be on hand to help with additional costs and special tariffs can be applied to your accounts to help with the cost of heating. If you need any help in finding a heating engineer or looking at your fuel tariffs let us know and we will help.
- Land Registry accepts CILEX certified copy LPAs
Due to an anomaly within legislation Fellows of the Institute of Legal Executors are not able to certify lasting powers of attorney. Argo has been providing evidence to our regulators The Chartered Institute of Legal Executives (CILEx) to show how this causes unnecessary delays and confusion, to the detriment of our clients. This issue is as a result of wording in The Power of Attorney Act 1971 only allows solicitors and notaries public to certify copies. CILEx has long maintained that there is no reason for this distinction, and a survey of members practising in wills and probate shows that it causes them a problem an average of 10 times a month. That results in something like over 2000 delays at a time of massive strain on families that can only cause even greater distress. The research conducted by CILEx also found that it had a negative effect on firms’ quality of service – 75% said it caused delays – client satisfaction and fees. CILEX and Argo therefore welcome the decision of the Land Registry to accept copies of lasting powers of attorney certified by CILEx Lawyers for the duration of the Covid-19 pandemic. CILEx Chair Chris Bones says: “We strongly welcome the Land Registry’s move and hope it will become permanent. It is showing justified confidence in the competence and qualifications of CLIEx Lawyers and we urge the government to take measures to make this a permanent arrangement. “Modernising practice in this way helps ensure affordable and timely access to legal services, particularly for the more than one million people especially susceptible to COVID-19. Our research shows how this outdated legislation is causing real people real problems, in an environment where concerns are already accentuated by the current pandemic. “Removing such an illogical constraint to release more than 3,000 CILEx Lawyers to meet the needs of vulnerable people can only be a good thing and we urge other areas of government and the justice system to follow the Land Registry’s example.” Another step in the right direction for equality between the legal profession!
- Intermeddling executors!
When you are appointed to act as an executor of an estate you do not have to accept the role. If you do an executorship is a lifetime appointment which dies with you. If for any reason you decide not to take on your role as executor it is vitally important that you are not seen to intermeddle in the administration of an estate. A person who performs duties which the personal representative of an estate would carry out holds themselves out as being a personal representative and is deemed to have accepted the role. The individual who intermeddles is liable for their acts and decisions made. Legislation sets out what constitutes intermeddling. A person is considered to have intermeddled if they:- obtain, receive or hold the deceased's assets without full consideration, or releases any debt or liability due to the estate This, is every day terms means encashing assets or paying bills! It is not just major acts that can be considered as intermeddling. Smaller things can be too such as selling or giving away assets transferring assets carrying on a business demanding payment for debts It is not considered to be intermeddling if you:- pay outstanding medical fees organise and paying for funerals opening an executor's bank account insuring assets feeding the deceased's pets and children urgently repairing property damage Usually people do not take advice about accepting the role of executor in a will. They do not fully understand the expectations that are put upon their shoulders. If you are asked to be an executor you should really take professional advice about what this means for you before you fall into doing something you would prefer not to do! If you do want a helpful chat about what is expected on an executor give us a call on 01622 843729.
- Retirement. A new beginning?
What do you think about retirement? Is it a chance to do all the things you couldn't fit in whilst you were at work? Is it a new beginning? Is it something that scares you? However you feel about it retirement is one of those major life changing events. Retirement can bring mixed feelings. Often people feel anxious about the future; what will they do, where will their income come from, wonder how they will cope with not working. People may look forward to long lay ins, be excited about having time for themselves and the opportunity to reset the worklife/home balance. They quality of your retirement will depend upon your existing circumstances, unresolved life issues and your attitude. The best preparation for retirement is to plan for it and to be prepared. So what are the the areas that you need to be aware of? You need to look at how much you will miss work. Work provides purpose and self esteem. You are part of a community at work and the loss of this community can affect you. The loss of work as a mainstay in your life, the routine and security it provides can leave you feeling lost. You will also need to review your financial security. Your income is likely to drop when you no longer receive your salary. Are you going to be comfortable, do you need to review top up benefits or perhaps full time retirement will be too much for you. Would you benefit from having a part time job? Consider how you will have more time for yourself, your partner, your family and your home. What can you do with all this time to benefit yourself and provide fulfilment. As part of this have you thought about your health and your family members. Could this impact upon your retirement? Are you going to use the time you have to be with your grandchildren, to travel or are you going to volunteer and give something back? You need to think about how you are going to cope with retirement. You may find you start to dwell on things more and pay more attention to risk and dangers both practically and emotionally. If you haven't been able to plan for retirement you may wonder if you will cope and start to doubt yourself. This could lead to procrastination and delays in making decisions and ultimately choosing safety rather than new challenges or experiences. Anxiety due to the significant change in your situation and the unknown is to be expected, it is how you manage the anxiety which is important. Retirement should be considered as a new phase in your life, an opportunity for self development, completion of personal projects, volunteering and learning new skills. It is an opportunity for new friendships, spending time with family and old friends and an opportunity to travel and develop social activities. Look on retirement as a positive. You are not old, you are just getting going! Do not let retirement be a negative. Embrace it and enjoy it! If you would like any help in dealing with retirement planning give us a call for further ideas and support.
- Delirium - a key symptom for Covid in frail older people
Delirium is a word that we often hear but do we really know what it means, particularly if, as we are being told, it is a key symptom in relation to the fight against Covid 19. Delirium is a common, serious, but often treatable condition which can often be found in people who are unwell. It is caused by diseases that give rise to infections and inflammation. Sometimes delirium can be caused by medication. It come on very quickly but can have some pretty significant effects on a person. Delirium causes an abrupt change in the workings of the brain which leads to mental confusion and emotional upset. You could find it difficult to sleep, eat, be aware of your surroundings and exercise. Often people with delirium will become very muddled and will lose the ability to speak coherently. You will generally feel confused. We often see delirium in people who have a urinary tract infection. You may have experienced a parent behaving peculiarly with a UTI. This is delirium. It is most commonly found in people over 65 with existing medical condition or with previous trauma to the brain whether it be by accident, stroke or dementia. This week the BBC reported that a King's College study, which analysed data from over 800 people over the age of 65, including 322 with a positive Covid test in hospital and 535 using the Covid symptom study app with a positive result, found that older adults admitted to hospital, and categorised as frail, were more likely to have delirium as a symptom of Covid than someone of the same age that was not classed as frail. Frailty is used to described older people who find it difficult to recover from everyday illness, strains and accidents, who are more susceptible to falling and end up in hospital when unwell. One in five, on this survey, exhibited delirium as the only symptom. With data gathered from the app users one third said they had experienced delirium as a symptom but not the expected cough or fever. If this study is to be believed we should be watching out for delirium in our elderly, frail family, friends and neighbours and be alert to the possibility this could be an early indicator or Covid. Anyway, we should not just be watching out for delirium in relation to Covid. We should be looking out for this at all times. If caught it can be treated. If left it can do lasting damage. To see the full article go to https://www.bbc.co.uk/news/health-54353888
- Taking the next steps into Argo's future
Not that we are over excited or anything but today we pick up the keys to our new office. We never thought we would get there with the amount of offices we have seen over the last twelve months but that is clearly because they weren't right for us! Now we have one! Argo's new home is in the midst of being decorated and tidied ready for us to move in. On to the next phase of our plan! During Covid we have worked hard to ensure that we are fighting fit and ready for our future. A new building was part of this plan. We have upgraded our IT systems, brought in new staff and are now working on plans for the next five years, having achieved all we set out to in the first five years. Whilst this is an exciting move for us it would not have been possible without our clients who have supported us over the last five years. Thank you. The kettle will be on. The cakes will be baked and we will be ready for visitors shortly. Watch this space for further details!
- Self isolating or consequences?
On 28 September 2020 the new round of Coronavirus legislation came into force in relation to self isolation upon receiving a positive Covid test or confirmation of contact with a positive Covid person. The legislation has been brought in to make it an offence to not self isolate. Notification must be made by a specific person ie an employee of the NHS or local authority, a member of the NHS Test and Tract Service or a member of Public Health England NOT by notification on the Covid phone app. It is section 2 of the Health Protection (Coronavirus, Restrictions) (Self Isolation) (England) regulations 2020 that requires self isolation either at home or in another suitable place. Section 3 of the act sets down how long isolation should last. This is important as different period will apply depending upon whether they have tested positive for Coronavirus or have interacted with a close positive contact. It is a ten day quarantine from the date symptoms began (if it is known) for someone who has had a positive Coronavirus test or, if the date symptoms began is not known, it is ten days from the test. For those notified of close contact with a HOUSEHOLD MEMBER self isolation is 14 days after the date the person's, with whom they had close contact, symptoms began otherwise it is fourteen days after their test. For those notified of close contact with someone OUTSIDE THEIR HOUSEHOLD self isolation is fourteen days after the date they were last in contact with that person. The exceptions to self isolation can include seeking urgent medical assistance, fulfilling a legal obligation and where, it is not possible to do so by other means, to obtain basic necessities such as food or medical supplies. Failure to adhere to these new regulations will result in the issue of fixed penalty notices or fines. A first offence attracts a fixed penalty of £1,000. The second offence attracts a fixed penalty of £2,000. For the third offence it is £4,000 and thereafter it is £10,000 for each subsequent offence. If you are found to be reckless to the consequences of another person or group penalties start at £4,000 with each subsequent penalty fiving rise to a charge of £10,000.
- I've been asked to be a surrogate mother.........
Becoming a parent is exciting and scary all at the same time. For those who choose surrogacy as a means of becoming a parent there are a whole extra set of worries and concerns that can arise during pregnancy. It is however really important that you understand the position with surrogacy in relation to will planning during pregnancy and shortly thereafter. Where parents naturally conceive the baby is a blood line descendant of their mother and father and will therefore fall within the intestacy rules for inheritance in the event that either parent dies before the baby is born or shortly thereafter. If a step child is part of a family they will need to be specifically named in a will to inherit from an estate. The intestacy rules do not specifically provide for step children. An adopted child is equal to a blood line descendant once adoption paperwork has been completed and sealed by the court. The adopted child is not considered a blood line descendent before this takes place and would need to be named in a will to inherit. But what about surrogacy? In a surrogacy arrangement the intestacy rules state that until the parental or adoption order is in place the surrogate mother will be treated as the legal parent of the baby. If the surrogate mother is married, her spouse will be given the automatic status of the legal father. This can give rise to two problems. Firstly the surrogate baby would inherit under the intestacy rules from the surrogate family and secondly the baby would not inherit under the intestacy rules from the parents "to be". To remove the surrogate parent status the parents "to be" need to apply for a parental order or an adoption order. This can only be done after birth. So where does this leave things in the meantime? Parents "to be" need to make a will when they embark upon the surrogacy arrangement to ensure that the surrogate baby is included as a beneficiary of their estate should the worse happen. They can include the new baby in their will be reference to "surrogate children" which will include unborn children who have not yet been named. Whilst surrogacy agreements are not legally binding in the UK, a will made by the parents "to be" can also make provision for the expenses that have been agreed with the surrogate mother by way of a pecuniary legacy. This way any agreed expenses can still be paid in the event of the death of the parents "to be". It is also important for the surrogate parents to make a will excluding the surrogate baby from their estate and providing for the parents "to be" to take on the role of guardian in the event that something happens to the surrogate mother. It is important to remember the boring things in the midst of the excitement of a new child, particularly if it is something you have been hoping and wishing for. Whilst everyone hopes that things do not go wrong, they can, so why not be prepared. Argo have a great team of advisers who will happily help to draft wills if needed. Give us a call if you need any help.
- Are you eligible for winter fuel payments?
Not that we have had a dip in temperatures, much rain or snow you might like to know the qualifying week for winter fuel began during the week of 21 to 27 September 2020! If you lived in the UK for at least one day during this week and were born on or before 5 October 1954 you will qualify for winter fuel payments this year. Whilst it seems daft talking about winter fuel, cold temperatures and fuel poverty now it is important that people are aware of the entitlement and how they claim it. This payment is made to help with your winter heating bills. You should receive a winter payment automatically, if you are eligible and are in receipt of state pension or certain other benefits, with payments being made between November and December. You will receive a letter notifying you of your entitlement. If, for any reason, you do not receive your winter fuel payment you will need to make a claim to the Winter Fuel Payment Centre on 0800 731 0160. You have until 31 March 2021 to claim your payment for the 2020/2021 winter.
- What is attendance allowance?
This is a benefit the government provides for those who have reached state pension age and may need frequent care or supervision due to an illness or disability. The Attendance Allowance helps with extra costs for care needs such as a career, grab rails to help you get around your house and much more! If you are looking at Attendance Allowance for somebody else, you are able to fill the form out for them, if they do not have the capacity to sign or understand the form themselves. This benefit is not means tested and will therefore not affect any other benefits you may be claiming. If you are assessed as having a need and therefore require some extra financial support to make your day easier there are two separate rates you may be eligible for:- - £59.70 a week, lower rate. You would be entitled to this rate if you only need frequent help during the day and some supervision at night. - £89.15 a week, higher rate. You would be entitled to this rate if you need constant help and supervision both day and night. You would also be entitled to this rate if you are terminally ill and need 24/7 care needs. The rates can change if your care needs change. For example, if you are given the lower rate you may go up to the higher rate if your care needs become more frequent due to your condition changing as you get older. There is a form on the gov.uk website that you would need to fill in. The form includes notes explaining to you how to fill it in. Within the form there are questions to answer and boxes to tick. It is important to fill out as many boxes as possible so the Attendance Allowance Department can have a full understanding of why you may need an allowance. Here at Argo we have a social care team who can help you with your Attendance Allowance if you need it. If you did want help from us do not hesitate to give us a call. We can come to you and sit down and fill it in together. We do not charge for this service but could end up helping you to receive an extra £4,600 per year. Surely its worth a telephone call!
- Sepsis. Spot the signs
We were stunned over the weekend to learn that one of our clients died, the day after we visited, having been discharged from hospital with sepsis. It has left us feeling rather lacking in knowledge in what to look out for. We have been reassured that sepsis can be incredibly difficult to spot even when in hospital. Sepsis is a life threatening reaction to an infection. We often know it as blood poisoning or septicaemia. When we have an infection the body releases chemicals into our system to fight it. With sepsis these chemicals are out of balance and the immune system overreacts to the infection causing it to attack organs and tissue. Whilst any type of infection can cause sepsis the most common are pneumonia, urinary tract infection, infection of the blood stream, infection in the gastric system. With older individuals it is particular important to ensure prompt treatment to any of these issues. We all know how a urinary tract infection can quickly impact on someone's capability to make decisions! There are three stages to sepsis; sepsis, severe sepsis and septic shock. Sepsis is life threatening. Let's not beat about the bush. If it's not caught it can kill. Symptoms can be vague. Acting confused, slurred speech or not making sense; blue, pale or blotchy, skin, lips or tongue; a rash that doesn't fade when you roll a glass over it, extreme pain, difficulty breathing, breathlessness or breathing very fast could all be indicators that sepsis is causing problems. Symptoms can resemble flu or a cold or chest infection. It is particularly hard to spot in people who already have these symptoms with other conditions. It is of the utmost importance that if you suspect sepsis you make sure medical attention is sought immediately. Sepsis does not need long to cause catastrophic damage to the body. This is something that we can all help with. If you are worried and do not feel that anyone is taking notice make them. You can ask medical teams to test for sepsis which can be done with blood tests, scans and cultures to identify whether it is present. If you are worried listen to that voice in your head and do something about it.
- Do I need to cancel my late husband's passport?
Whilst you will be busy closing accounts, paying bills and transferring assets following the death of your loved one, sometimes it is easy to overlook some small important things that need to be dealt with. When a British passport holder dies, it is important to cancel their passport. As you will see from articles you read and see identify fraud is still a big problem. The last thing you want is for someone to steal the identity of your late spouse and all the trouble that comes with it. You can cancel a British passport by accessing www.gov.uk and completing form D1 - What to do when a British passport holder dies. It is a simple document to complete. Just fill in the details of the person who has died and your details, as the person cancelling the passport. For security purposes, it is important you cut the top right hand corner off the passport before sending it to H M Passport Office for cancellation. Passports are sentimental and the Passport Office will return the cancelled document to you to retain. A small but essential job!











