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.

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!