We are certainly not advocating a love affair, just an easy way to use track and trace. As part of our infection control measures in the office we have signed up to the Government's track and trace QR code app. When visiting our office you will now be asked to check in by taking a snapshot of the QR code on your phone and signing in on the track and trace system. This then registers you as having visited us electronically and will automatically notify you if you have been in contact with someone with Covid symptoms. We think this is pretty smart!

The government are saying that we are a few weeks behind the European upwards curve for the second wave of Coronavirus. As no-one can tell for sure what is round the corner and the return to restrictions, lockdown and shielding are all possibilities what should you do to make sure you are better prepared than before? We have certainly learnt there is no need to stock pile toilet rolls, baked beans or pasta. Hysteria does not help but sensible planning does. Firstly, if you are out and about from 24 September look out in shops, offices and other businesses for the Covid app QR code. Businesses are able to sign up to the online app and display at their premises a QR code which you can scan to your phone to automatically register as a visitor under the track and trace system. If you want to know what one of these looks at have a look at the articles in Argo news. For those who are likely to be within a shielding category make sure you have everything in place to enable people to help you if do find yourself shielding again. Make sure you have registered your property and affairs lasting power of attorney with the bank and those organisations you regularly deal with. This will allow your attorneys to deal with the daily tasks that you might not be able to do. On average it can take between two and four weeks for this registration process to complete and requires a visit by your attorneys to the bank. Lasting powers of attorney are also important for your family members as they will be able to take care of paying the mortgage, collecting pensions, applying for government financial support, if necessary. For business owners it will enable your colleagues to continue to run your business in the event you become unwell. if you do not have a registered property and affairs lasting power of attorney take the opportunity to make one. Okay, this will take over six weeks for the Office of the Public Guardian to register but at least it is in the system. If you find that you need support and do not have a property and affairs lasting power of attorney at least put in place a general power of attorney. This will allow your attorneys to assist with daily matters, in accordance with your instructions. This could prove invaluable as a temporary measure. For many earlier this year being infected with Covid was not only a shock but a life altering or, in some cases, ending, situation. No-one is prepared to deal with what we saw earlier this year but did the coverage of hospital treatment wards make you think? A health and welfare lasting power of attorney will enable those you trust to be the decision maker in relation to all circumstances concerning health and welfare. It will also allow them to make the decision about whether you receive life sustaining treatment. Whilst the power cannot force the medical profession to treat you it will enable a discussion to be had with those who need to be there at this time. At least, if you do not have a health and welfare lasting power of attorney put in place an advanced directive. This will not give your family members the decision making power but it will show medics what your wishes are in the event you do become poorly and have to be sedated or ventilated. There are so many things that we may need to deal with if Covid continues to increase but lets, at least, try to be prepared and practical about what we can do to be as ready as we can be.

Reminiscing of the good old days when you used to be able to submit an application for a Grant of Letters of Administration or Grant of Probate seem to be a frequent past time of the Argo team at the moment. We have been hit again by problems at the Probate Registry. Last year a new computer system failed miserably to work and make life easier for those of us that make applications. The fabulously experienced members of the Probate Registry seem to have been replaced with automation, no doubt to cut costs, but losing their valuable experience and skills with things that don't fit into the box the computer deals with. Now we are faced with online probate applications! In theory an amazing step into the future for estate administration. In reality we are faced with loss of applications, destruction of original wills, missing emails that are sent by H M Revenue & Customs six or seven times, scenarios that don't fit in the "you can only use this service for the most straightforward cases" box, no-one answering emails or telephone calls, papers being lost as they are transferred between Probate Registries and medical professionals refusing to complete capacity questionnaires which the Probate Registry state must be completed by one! You will however be pleased to hear that the Ministry of Justice has been consulting on this new online process. The Law Society has responded stating that if the online service is to be mandatory for all professionals it must be "fit for purpose" and "should not be made compulsory until all issues have been resolved". Surely this is obvious is it not! We have spent the last six months making phone call after phone call, chasing for progress updates, contacting HM Revenue & Customs to obtain copies of documents and banging our head on the table wondering what else we can do. We have spent the last six months making phone call after phone call, chasing for progress updates, contacting HM Revenue & Customs to obtain copies of documents and banging our head on the table wondering what else we can do. Please be assured we are doing all we can to progress your applications. We are spending a significant amount of time on the phone trying to obtain updates. In the meantime we are making sure that everything is prepared to progre ss the estate administration as soon as the Grant arrives.

If you own a property in your capacity as attorney, executor or trustee and you are renting this under an assured shorthold tenancy it is important you make sure that you are aware of the new Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. These new regulations require checks to be carried out on all electrical installations in a property every five years. Electrical installations include fixed electrical parts, wiring, plug sockets, lights, extractor fans for example. They do not include cookers, fridge freezers and tvs but why not PAT test them anyway! If the landlord is asked they must be able to provide a copy of the safety certificate to their tenants and the local authority. The regulations apply to new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021 so it is important that landlords with existing tenants act now. Failure to act in your capacity as trustee, executor or attorney could land you with a fine of up to £30,000. Whilst this would immediately be payable by the trust or the estate you are looking after you could be on the hook for negligence if you fail to act, if you did not take professional advice, which means fund could come out of your pocket. If in doubt check it out (with a suitably qualified lawyer)!

Let's start by explaining what a commissioned care home is before we go any further. This is a care home which the local authority use to provide care for elderly and vulnerable individuals who cannot afford to meet the cost of their care privately. These are circumstances where an individual has less than £23,250 and probably less than £14,250 of capital savings and are reliant on their state pension, pension credit or a very small private pension. The cost of the care is paid for by the local authority direct to the care home and no payment to a care home is required by the recipient of the care. When an individual is referred to the social services department of a local authority they must first have a needs assessment. Once a care home need has been identified a financial assessment is undertaken to assess contribution towards care charges. If someone falls within the categories above the local authority will then commission a care home provider to meet the needs of that individual. The purpose of the commissioned service is to provide accommodation, care support and stimulation for those, for whatever reason, for whom it is no longer appropriate to live in their homes whether it be for the short or long term. Aside from living up to the criteria established by the local authority commissioning the care the home must be compliant with Care Quality Commission standards. The Care Act 2014 sets out key principles, including promoting individual well-being and preventing needs for care and support which local authorities must consider when making care decisions and these are to be implemented by the homes used to provide the service. All homes are required to complete and maintain a care and support plan which documents their needs and wants and health related issues. An individual must be allowed to maintain and maximise their ability and potential in respect of physical, spiritual, intellectual, emotional and social ability. Most importantly individuals are entitled to receive care and respect whilst in the care home. Each home must provide a resident with a single room (unless specifically requested otherwise) access to a toilet and washing facilities preferably in their room (but not necessarily), personal care, medical support, supervision, stimulation and food! Any request to move into a commissioned care home must involve an admissions assessment by the care home seeking to house the individual needing care. A move into a commissioned home cannot take place without such an assessment. If the move is to be directly from hospital must include an admissions assessment within 48 hours with the home advising the local authority within a further 48 hours if the placement can continue. Help must be given to the resident to continue with activities and social interaction. This does not have to be confined to the care home but can be outside the home. It goes without saying the care home must be a safe and clean environment for those living in the home. this includes cleaning of the home, laundry services, bed making, hazard identification and making sure equipment is maintained and regularly services. A full kitchen service must be provided with three meals a day and access to food outside of mealtimes. Meals should have nutritional value and be appropriate for the individual eating them, taking into account allergies, culture and preferences. Records must be kept of how residents' money is managed and safeguarding put in place to prevent abuse. Staff must be suitably trained to look after the individuals in the home and training must be maintained but most of all they must treat the individual with dignity and respect throughout their stay and particularly when end of life care is required. A care home commissioned by the local authority should not be providing services at a different level to a home which is privately funded. If you are told your family requires care charges to be met by the local authority you are allowed to visit the homes they are recommending and make observations and reports to the local authority. Do not be pressured into taking a home because you are told that this is the only one available or the hospital bed is required. That is not how you would book a hotel, let alone pick your home for the future. There is no rush! Remember, when thinking about suitability you need to consider whether the home is a home which is caring, kind and comforting. It is the care which is important. It doesn't matter whether the home is in pristine condition with new everything and gleaming. It doesn't mean the care they provide is good. Check the care home website, check the Care Quality Commission reports, speak to the residents, speak to their families, visit at tea time and see how you are welcomed. Would you want to live in that home? If the answer is yes, then you have found the right place!

Another load of paperwork some people say!! But, this is very important paperwork! Once it has been determined that an individual requires care, whether at home or in a care home setting the care home manager/social care manager must prepare a care and support plan for their stay. It is a document owned by the resident in the care home and identifies the outcomes which need to be met by the home for them. As the care and support plan is owned by the resident they can see and review it and so can their family if they are given permission. When a care and support plan is completed the resident and the home manager/social care manager are involved in its completion. If a plan is prepared for someone who lacks capacity it can be completed by their legal representative and the home manager/social care manager. In these circumstances decisions are made in the best interests of the individual requiring care and family needs to be consulted. The aim is to show how care and support will be delivered and how outcomes identified in the plan will be met. Things that should feature in a care plan are:- - how someone wishes to get up and go to bed - how they move from chair to bed - the specifics of how they wash and bathe and dress and all elements of personal care - how are decisions to be made about dressing - what happens with medication - the need for social activities - monitoring of eating and drinking - proposals for health management including appointment keeping - specialist needs ie skin management, catheterisation or stoma bag usage - dealing with correspondence This is just some of the areas that need to be featured. A duty is placed on the shoulders of a care home to notify the local authority if any of these issues start to deteriorate or improve, if there is constant refusal to co-operate, safeguarding concerns, accidents or hospitalisation or changes in capacity. Once a care plan is put in place it does not become a piece of paper that sits in a cupboard. The first review should take place eight weeks after a placement in a care home has taken place. After this a review should be an annual event, if not more frequently if parties involved with care feel it is appropriate. Unfortunately, we often hear of family members not being involved to care plan reviews. This should not happen. A review should involve the resident, their family and their social care manager. These reviews are important to make sure that the outcomes which were identified at the last review are being met or whether things need to change. The care plan does not just get looked at once a year. It should be reviewed by the care home at least once a month. This way changing needs can be identified, feedback from the resident can be obtained, special requirements can be identified and the need for a more formal review can be addressed. In addition the care home should check their ability to continue to meet the needs of the resident every six months. So, moving a family member into a care home is not a one off job. Make a note of when these reviews should take place and check they have. Check the care plan each month to make sure it has been reviewed by the home and ask every six months whether the home have clarified if they can still meet the needs of your family member. If you are not happy with something in the care plan challenge it. It's about getting it right to make sure the care for your family member is what they need and want, not what someone else feels they need or want. When your loved one does not have capacity to jump up and down if something is wrong, borrow their shoes and do it for them!

Statistics show that people have continued to want to make wills during the Covid 19 pandemic. For some this has not presented problems but for others shielding or self-isolating it has caused huge problems with the practicalities of witnessing wills. As you will know to make a valid will it has to be signed by the person making the will, in the presence of two independent witnesses who must also sign in the presence of each other and the will maker. In the hope of addressing the problem with witnessing wills for those in isolation the law has been amended to state that whilst Covid 19 legislation is in force the "presence" element of signing a will can include a virtual presence ie video link and well as a physical presence. This new legislation is to apply to wills made since 31 January 2020, the date of the first registered Covid-19 case in England and Wales, other than when a Grant of Probate has already been issued in respect of the deceased person or the application is already in the process of being administered. This legislation is not permanent and will apply to wills made from two years from the date the legislation came into force so will expire on 31 January 2022 but as no-one knows what the future holds with Covid 19 the legislation can be shortened or extended if it is deemed necessary. When the temporary legislation comes to an end people will have to make wills in the usual manner. Under the new legislation a clear line of sight is key to remote signing as it is with existing legislation. The person making the will must have a clear line of sight of the witnesses signing the will to confirm they have witnessed the will-maker’s signature. The following scenarios would lead count as a will being properly signed during Covid 19 •witnessing through a window or open door of a house or a vehicle •witnessing from a corridor or adjacent room into a room with the door open •witnessing outdoors from a short distance, for example in a garden This applies as well if a video link is used. It doesn't matter what type of video link is used just that the person making the will and their two witnesses each have a clear line of sight of the writing of the signature. The only difference is that wording on the wills needs to be amended by the professional drafter and the witnesses need to sign the same document within twenty fours of the will maker. Making sure that a will is signed correctly is hugely important and even more so in these unusual times. With people still wanting to sign wills anecdotal evidence is also indicating there has been a rise in wills being challenged and an incorrect signature process can be one of the reasons cited. For such an important document it is important to get the process right to prevent future problems. So, to be prepared for a potential second wave, why not get your will in place just in case we have any further social distancing restrictions. We are always here to help, remotely or otherwise.

The Office of the Public Guardian was established in October 2007. It is the administrative arm of the Court of Protection and helps an enables individuals to manage their health and finances should they become incapable of doing so themselves. The OPG is responsible for:- - registering lasting and enduring powers of attorney - supervising Court of Protection appointed deputies - supervising High Court guardians - maintaining public registers of deputies, guardians, lasting and enduring powers of attorney - responding to requests to search the registers - investigating complaints and allegations of abuse made against guardians, deputies and registered attorneys It is likely that you will deal with the Office of the Public Guardian more than you will the Court of Protection. The case load for the OGP is rather large as you can imagine. Some of the functions they perform such as investigations into abuse can be very time consuming. Here are a few facts and figures that may be of interest in relation to the OPG which are contained within their 2019/2020 performance report:- - as at 31 March 2020 60,793 deputies were being supervised by the OPG - during the year 917,550 applications to register LPAs and EPAs were received - as at 31 March 2020 there are over 4.7 million powers of attorney on their register We know that some of us complain about the performance of the OPG so what do you think about these figures:- - 40 days is the average time for the OPG to clear an application for a power of attorney - 11 days is the average time to review reports - 89% of individuals who completed the customer satisfaction service for powers of attorney were very or fairly satisfied - it took the OPG 74 days, on average, to conclude investigations in relation to complaints and allegations of abuse Just so you know the OPG are taking our feedback seriously they received 5723 complaints in 2019/2020 which is down from the previous year. The overwhelming majority of these relation to lasting powers of attorney. It took, on average seven days for them to reply to complaints. The most common complaints with lasting powers related to delays in processing applications, contacting customers and advising of issues with the application and the loss of documents within their office! What the Argo team has gained from the 2019/2020 annual report is that the OPG appears to be meeting all targets that it has set itself for customer performance but there is more to do. We know from first hand experience that the interaction with their customer is not great on the telephone and that they lose documents but we have stuck with it during their computer system upgrade last year and the delays due to Covid so perhaps the 2020/2021 report will be even brighter with even better reporting statistics. If you are however having problems with the OPG and feel like you are banging your heard up a wall please give us a call as we would be only too happy to help sort out any issues you may experience.

is the response we get on our talks when we speak to individuals about care. Why this is the case is beyond Argo! The payments are made by local authorities and the individuals then use funds to pay their carers or care services direct. Hence the name! Simple isn't it! Its hard to believe however that these have been in existence since the mid 1990s when you look at the percentage of the population who know of their existence. Particularly, when you think direct payments are the preferred method for Government to fund personalised care and support! As Argo believes it is important to know about all things that can affect you here is a simple run down of direct payments for your information. A responsibility is placed on the local authority to advise individuals requiring care, when the local authority contribute, that a direct payment is an option for them. The local authority must provide timely and relevant information to enable an individual to make a decision as to whether they wish to request the payment. You should be told what the payments are, how to request a payment, be provided with an explanation of the direct payment agreement and how the local authority will monitor it, the responsibilities of managing a direct payment and where you can go to get support and assistance if you need it. A request for a direct payment should be received and dealt with by the local authority swiftly. They cannot put it off until such time as it suits them. The assessment process for direct payments will differ whether or not the individual requiring care has capacity to make the application and continue to manage the payment. If the application is successful the agreement is to be noted in the care plan. If unsuccessful the local authority must provide their reasons in writing and the individual must be advised how to appeal. The amount of the direct payment will depend upon the identified care need of the individual. The amount paid can only be calculated after a needs assessment has been carried out to determine the level of care and support an individual requires. Once this need has been identified the financial calculation takes place to determine how much it will cost. This figure then becomes the direct payment. The direct payment can then be administered by funds being deposited into a bank account from which care payments are made or they can be loaded onto a prepayment card which is then used to pay for care. The local authority will review the activities within the direct payment account to ensure that they are being used in the correct manner. If there is any evidence of misuse the facility can be withdrawn. Although this is a simple rundown of a direct payment as always, the small print, makes the application process more complex. This is a simple explanation of what a direct payment is. You may however feel that you need more support in the application process. If you do give us a call as the team is ready to help with those funny little complicated bits!

Particularly in these uncertain times it is important to know that if a business owner unexpectedly becomes unwell the potential serious fallout can be managed until they are well enough to take the reigns again. Many business owners are aware of how important insurance is for business interruption, premises and equipment but not many think of how important it is to insure themselves against misfortune. Yes, you may have taken out keyman insurance to help financially but what about you. Many business owners do not know about the option to make a lasting power of attorney so that others can continue to run their business in the event of incapacity. A business lasting power can help with contracts, paying wages each month, HR issues, marketing, controlling business assets and many other things. It is just like insurance. It is there for the worst situation, the what if, which we hope will never arise. It is not the case that in the event of incapacity a business owner will never be able to regain control of their business. Whilst capacity is not present a trusted business colleague, accountant, friend can take over the decision making process. This individual, known as an attorney, cannot simply run off and do what they wish, they have to act in the best interest of the business owner and therefore the company and whenever possible the attorney must speak with and consult and help the incapacitated individual to make decisions for themselves. It is only if this is not possible that an attorney will step in and make a decision without consultation. Giving authority to the attorney does not need to be without conditions a business owner making a lasting power of attorney can provide detailed written instructions, should they wish, to ensure the business continues to be managed how they want it to be until they are well enough to resume daily management. Thought needs to be given as to the suitability of your attorneys, Do they understand your business? Do they possess the necessary skills and qualifications to act? Do they want to act as your attorney? You also need to consider any potential conflict of interest. Do you want a co-director acting on your behalf alone, or at all? Does appointing them, in effect, give them decision making over the whole business? Do you need someone completely independent to act for you When you speak to an adviser about making a business lasting power they will ask you for company documents and an appraisal of what your business does, how it trades, accounts for the last few years, a copy of your business plan and what you envisage for the future. It is important when drafting these documents that the lasting power does not conflict with the terms of the governance documents and any contracts of employment there may be in place for the business owner. We promise you that this document will give you peace of mind and ensure that all you have worked for can continue and still be there should you become unwell. Come on business owners, you are sensible with everything else so be sensible with this!

There is nothing more important than ensuring all you have worked hard for passes to those who matter to you upon death. Preparing and signing a Will allows you to think about your wishes and ensure they will be honoured on your death. Without a Will you have no say in how your estate will be dealt with or by whom. The Rules of Intestacy will govern what happens to your assets and who has authority to administer the estate. Your family may not end up with all that you wish or their future may be complicated by assets going elsewhere or into unnecessary trusts. The absence of a will can also lead to delay in Probate as no one has any immediate authority to deal with your estate. As soon as you begin to save, purchase your first home, have your first child or inherit money a Will becomes important. It needs to be reviewed regularly and particularly when there is a life changing event like a birth, marriage, divorce or death. As long as you are able to give instructions and have capacity to make a Will you can. You choose who you want to be the person who looks after your estate. You choose who you want to look after your young children. You choose who you leave your personal items to and you choose who you want to receive your money, your home and your shares. Many people think that making a Will is easy. It can be, but your assets, the value of those assets, your personal circumstances and where you live can make things much more complicated. Wills can help with these complications too. Wills can protect assets from being swallowed in care charges, they can provide a safe method of passing inheritance to young beneficiaries and beneficiaries with visible or invisible health conditions, they can help with inheritance planning and they can prevent arguments. Once you have read this article find your will and have a look at what it says. Does it make provisions for your grandchildren and children, are your executors still alive or are they older than you, have you made any specific gifts of items you no longer have, do you have protection in your wills for care fee purposes and does the will take into account the value of your estate. It is likely that all of these things have changed since you made the will. It is not only personal things which have changed. For a number of years an individual has been able to hold assets up to the value of £325,000 before you pay Inheritance Tax. You can now also potentially claim up to a further £175,000 if you plan to leave your family home to your children and grandchildren. There are transferrable Inheritance Tax allowances that can be claimed by the second of you to die if the first did not make use of them. Certain assets receive certain Inheritance Tax reliefs. When you add families, taxes and care in to the will process what seems straightforward can become rather more complex. If this article prompts you to take action and you feel you want to speak to someone about your will make sure you speak to someone qualified to give the advice. If you wish you can give the team at Argo a call, for an initial free discussion as to what you should and need to do, if anything! Our number is 01622 843729.

The Office of the Public Guardian have launched a new online identification tool which, it is hoped, will provide immediate confirmation of the existence of a lasting power of attorney and attorney credentials for banks and other institutions. At the moment attorneys have to rely on the production of certified paper copies to third parties as proof of the existence of a lasting power. This new tool has come as a surprise to those of us who work with the Office of the Public Guardian as there was no consultation as to how it was to work before rollout. A new digital access code will be available for newly registered lasting powers of attorney but plans are underway to provide codes for the lasting powers already registered. How long this will take is not certain. Once the code has been received it will be submitted via an online portal which will, nearly instantly(?), confirm the attorney's status as an attorney and the power they hold. This would seem to be an end to delays whist paper documents wind their way through third party policies and procedures and the costs involved with obtaining certified copies. We are yet to see a digital access code from the Office of the Public Guardian but as soon as we do we will test it and report back! In the meantime, if you have any queries about lasting powers of attorney speak to the team either by phone, web chat or email for further information.