Do we ever really think about users of care home services as "consumers"? The government does. They believe it is important that care homes treat users of their services as consumers and have issued guidance as to how these consumers should be treated. Why not have a sneaky peak at the government's guidance and guidelines which have been issued......... https://www.gov.uk/government/publications/care-homes-consumer-law-advice-for-providers

Research states that about 470,000 people die in England each year and that this figure is expected to increase 20% in the next 20 years. Having a healthy end of life is not always possible but it is possible to have an organised end of life. Most people think that the practical side of dying is just making a will but there is so much more than that. This is one thing we want to make our clients very aware of as we take the initiative and respond to our clients needs and wishes rather than just simply what we feel they should be told. Making a will is just one element of end of life planning. If this is done in isolation by a lawyer, a fantastic opportunity for collaborative planning could be missed to maximise all tools available through legal, accounting and financial means to protect funds and save tax. We encourage all of our clients to allow us to speak to and work with their accountants and individual financial advisers so we can achieve the best outcome for their needs. After all, the best way forward may not be the legal way forward!! We work with benefit and debt advisers to manage income and outgoings if advice is needed and we help our clients to manage their budgets so they can live within their means. We also review income to see whether they are missing some vital piece of income that could help to make a financial difference. Argo does not just adopt this approach to the sensible things that involve planning and paperwork. We also consider the health and welfare needs of our clients and for this reason have a social care team who work alongside our legal team to help support our clients. We strive to achieve what is in the best interests of our clients. We regularly speak with GPs and medical professionals to assist with managing an individual's medical appointments. We work with opticians, dentists and chiropodists, physios and occupational therapists to find out what extra needs individuals have which would benefit from improvement. Argo works very closely with families and care teams to provide the best care and support for our clients which enables the return to the mother-daughter, father-son relationship from the banker, builder and carer relationship. Most importantly we enable husbands and wives to be just that. We build care packages with professionals that work for the family which use the best care teams around. We make sure that you can have a lay in and each lunch at 1pm and not be put to bed at 5pm. We encourage shopping, long lazy lunches, holidays away and fun because we know that if our clients are happy they will be healthy, whatever their circumstances. If you would like to know a little more about our social care team please give Kevin Collier a call on 01622 843729 for further details.

We are already ahead of the game! We have been doing this since we started!! Law firms face a tight turnaround to publish price and service information for consumers and small businesses, the Law Society of England and Wales warned as the Solicitors Regulation Authority (SRA) published guidance on regulations that will come into force in December this year. “Many firms that provide legal services to consumers and small businesses will be required to act quickly to comply with these new rules,” Law Society president Christina Blacklaws said. The key requirements include: Firms must publish price and service information on their websites for the following areas of law: individual customers: residential conveyancing, probate, immigration (except asylum), road traffic offences, and employment tribunal claims (unfair/wrongful dismissal) business customers: employment tribunal claims (unfair/wrongful dismissal), debt recovery (up to £100,000), and licensing applications for business premises. Firms will be required to publish the total cost of services (or the average costs or range of costs), the basis of charges, services included in the price for key stages, any likely costs (and whether they include VAT) and the experience and qualifications of anyone carrying out the work. Where a firm does not have a website, it must make price-related information available on request. All firms, regardless of area of practice, must publish regulatory and complaint-related information on their websites. “These new rules will provide opportunities as well as initial burdens,” Christina Blacklaws said. “Clients are likely to change gradually the way they search for, assess and engage the services offered by solicitors’ firms. “Having the right information at the right time will help clients make informed choices about how they solve their legal problems. They will be able to balance considerations, not just price but also other important factors such as service quality and client protections.”

Many wills leave people with a right to occupy a property. Attached to the right to reside is often an ongoing responsibility for repair, maintenance and insurance. At the time of creation everyone gets along, has capacity and it could not be more perfect but what happens if things go wrong. Trusts which only contain properties, without the foresight for a cash reserve, run the risk of having significant trouble in the future. Those with the right to reside made become ill and unable to manage the repairs or themselves, they may run out of funds, a tenant could give notice with no new tenant being found. If something goes wrong the responsibility for maintaining the property rests with the trustees, a job that will be made even harder if there is no cash reserve to call on. Negotiations to solve the problem may be unsuccessful if those ultimately receiving the property refuse to help. An uninsured property is the worst of all worlds! So, in order to prevent problems arising make sure you leave a capital reserve within any property trust for the what ifs. This reserve can make sure insurance is paid, repairs are carried out and standards are maintained. Also leave a letter of instructions to your trustees about what you want to happen in certain circumstances. These are your wishes after all why not make them crystal clear!

If you are one of the many millions who have insurance with BUPA it might just be worth checking the security of your date. BUPA Insurance Limited have been fined £175,000 by the Information Commissioner for a data breach because a BUPA employee collected personal data for 547,000 customers and offered it for sale on the "dark web". This is about one third of the 1.5 million customers held within their database. Companies are required under Data Protection laws and the new GDPR legislation to take effective measures to prevent your personal data from being accessed inappropriately. They also have a duty to protect your data. If you have any concerns about the data a company holds about you, you can ask them to confirm the nature of the records on their system. Every company should now have a privacy statement which is available for you to see to provide you with details of the measures which are being taken to look after your information. If a company holds data that you no longer want them to have you can ask "to be forgotten" and removed from their system. Where ever possible Argo tries not to forget their clients! We do however have strict privacy rules within which we operate and are happy to provide you with copies of our privacy statement if you wish. We write to our clients to confirm what we do with their data and will remove sensitive data from our records at your request. We are bound by our governance regulations to retain client files for seven years but there are some exceptions to this which we inform you about. If you do want Argo to "forget you" we will, of course, be sad but promise not to take it personally!

When we report the value of personal items in Inheritance Tax returns it is always difficult to truly know how much things are worth without a professional valuation. Our personal things around us are part of who we are and when valuing without professional assistance items are often considered to be more valuable then they really are. It is a sad fact that most general household items are of very little value when you look at valuing for resale purposes. Heavy old furniture is no longer fashionable, sofas do not have the correct fire safety certificates but there are those items which do have value. For estates which are taxable, and those which are not, HMRC have recommended that items which are believed to be in excess of £500 are professionally valued. HMRC has amended its guidance to advise that professional valuations are now sought when items are believed to be worth more than £1500 or where values are unknown. They want valuations to still be at market value and not for insurance replacement or other purposes.

Over the last four years we have been trying to evict Kelly from the office. You will be pleased to know that as of today she is now on leave for two whole weeks. She has fought hard and resisted well but has now succumbed to force and has been removed from the building. Her passcard has been put in the safe so she cannot access the office under cover in the middle of the night. For those of us who remain behind we are looking forward to two weeks of productive working! Kelly is away from the office from 23 August to 10 September.

We have recently posted on our facebook and social media about the current problems surrounding Universal Asset Protection and the advice provided to its clients. We thought we would let you know what the Society of Trust and Estate Practitioners have to say about their current position and existing clients ....... "STEP has received an unprecedented number of enquiries regarding Mr Steven Long and the companies of which he is a Director, namely Universal Tax Solutions of Dencora House, 34 White House Road, Ipswich, Suffolk, IP1 5LT, which traded as Universal Wealth Preservation. Associated companies include Universal Asset Protection Ltd and Universal Trustees Ltd. Mr Steven Long, Mrs Melanie Long and Universal Trustees Ltd act as Professional Trustees. Universal assisted clients with drafting and managing trusts, wills and lasting powers of attorney (LPAs), as well as providing secure storage of original documents. STEP suspended Mr Long’s membership on 1 November 2017, and he was permanently excluded on 5 October 2018, subject to his right of appeal, following the completion of the disciplinary investigation into a number of the complaints received (updated 8 October 2018). Universal Asset Protection entered into compulsory liquidation in May 2018, with the business premises of Universal Wealth Preservation having closed several months previously. The company website has since been taken down. We understand that clients have experienced great difficulties in contacting Universal, with no responses to emails, letters or phone calls. We have been advised that some clients have been concerned about the management of their trusts, with delays in estate administration and payments from the trusts being made, in addition to being unable to ascertain the whereabouts of their assets, or retrieve original wills and LPAs held in secure storage. Universal clients now face the realistic prospect that they are unlikely to retrieve original documents or to recover cash assets. STEP is aware that Suffolk Constabulary is now investigating, and it has seized all documents that were held at Dencora House. What should you do now? STEP is advising Universal clients to: •Seek independent legal advice from an experienced trust and estate practitioner on your options, which may include how to make an application to the courts to replace Mr and Mrs Long/Universal Asset Protection Ltd as trustees, making new wills and LPAs •Check whether Lasting or Enduring Powers of Attorney have been registered with the Office of the Public Guardian – call the OPG on 0300 456 0300 •If not in possession of an original will, make a new one without delay. In situations where someone has already passed away, we understand that Probate Registries are aware of the situation with Universal and registrars will accept a Rule 54 application for a copy of the will to be used. In circumstances where the Universal directors are appointed as executors, registrars will accept a Section 116 application to appoint new executors. •Contact the Land Registry to ascertain in whose name your property is registered. Call the Land Registry on 0300 006 0411. We understand that the Land Registry is aware of the issues with Universal. •If appropriate, consider whether to make a report to Action Fraud quoting ‘Operation Ardent’ •If concerned by marketing information received or direct approaches from other firms advising you to use their services, consider taking advice from Trading Standards/Citizens Advice Bureau. •Many clients will require Universal Trustees Ltd to sign forms that release them as trustees. In such circumstances, clients’ legal representatives (solicitors and barristers) only can submit a written request for up-to-date contact details to be released to them. Such requests should be made through the data protection team at Suffolk Constabulary. Contact address is dataprotection@suffolk.pnn.police.uk " If you need any help or advice in relation to this company or are worried about documents or previous transactions please contact us for further help and support.

We take our client's safety and security seriously at Argo. As we visit you in your home it is important that you know we can be trusted. As part of the safeguarding procedures we have within the office we conduct enhanced Disclosure and Barring checks on or staff. These checks allow Argo to identify potential employees who may be unsuitable to work with elderly individuals or vulnerable adults and children. We have opted for the enhanced check as this is the highest level that can be undertaken and is commonly used within the health and personal care sectors. Well done to Kevin and Krissy for sailing through the process!

Life is hectic! It is hard to fit working, all the jobs, family visits, shopping trips and walking the dog into twenty four hours, so what better way to streamline life than have the family living together. Homes made up of retired parents, adult children and grandchildren are becoming more common but with these multi-generational families there are advantages and disadvantages. Baby sitting, the school run, someone to cook the dinner and mow the lawn are all significant advantages. And the benefits a grandchild will receive as a result of the daily interaction with their grandparents cannot be underestimated. The disadvantages are the practical things which cause all involved a headache. Multi generational living can be both financially and legally complex. Consideration should be given before jumping into such an arrangement and advice should be sought to ensure that all parties know where they stand. Attention needs to paid as to whether the financial contributions should be structured as ownership of a share of the property, a loan or a lifetime gift. When things are going well there is never usually a problem but what happens if an elderly parent needs nursing care or dies, or one of the children is made bankrupt or divorce? What happens to the share of the home owned by the grandparent? Whilst retired parents may have sufficient funds to contribute towards the purchase costs often some of the costs need to be obtained by a mortgage. Mortgages taken out by working age individuals are not usually troublesome but if one of the parties to the mortgage is approaching or just over retirement age a mortgage company may refuse to lend. The safest way for contributions to be protected is for all parties to appear as a legal owner at H M Land Registry on the title deeds. Without legal ownership the rights and interests of the each party are at risk. Sometimes it is not possible to record each party's interest at H M Land Registry. This is why declarations of trust are so important. This document will record in writing the contribution made by all parties together with the terms of ongoing occupancy. It can also detail what happens to shares in the property if one of the parties dies and document the contribution of each party to the daily running costs. Having provision in a will for what happens to a share in a property is also important. If a child dies before their parent the parent will wish to remain living in the home. This can be secured by way of a trust to ensure a stable home for the future. If, at any point, one of the family needs to claim benefits or needs care the share of the home could be considered a capital asset for means testing purposes if paperwork has not been properly completed to record ownership. Declarations of trust provide evidence to the local authority of the intention of an arrangement. Many clients decide to seek advice after the purchase has completed, money has changed hands and bricks laid. Would it not be easier to sort the sensible stuff before you all live together, just in case you change your mind or choose to proceed in a different way? If you need help with preparing a declaration of trust please get in contact.

Have you seen in the news that the Pension Service may have calculated your retirement pension incorrectly. If not have a look at the Financial Times report in June. The incorrect calculations mean that some individuals have seen an over payment of pension whilst some have been receiving too little. This, as always, does not affect everyone. The incorrect calculations have been highlighted by a review of the Pension Service which started in 2014 and will finish at the end of 2018. If you have received too much pension, once your calculations have been reviewed, you may receive a lower payment in future. You should not be asked to repay any over payment. If you have received too little you will be paid a lump sum to recompense you for what you have missed. You can forget about interest on top as this is not being paid! The errors have resulted in both under and over-payments so that some pensioners will see a fall in the amount they receive when the corrected figures are implemented (they will not have to repay any overpayments received) while others will receive lump sums representing the under-payments (although no interest will be paid). It is therefore important to seek advice to check whether this affects you. You can contact the Pension Service about this www.gov.uk/contact-pension-service or you can speak to your independent financial adviser. If you are already receiving state pension and are one of the individuals affected by this error the State Pension team will contact you direct.

If you are one of the lucky ones who funds their own nursing care you may be eligible for funded nursing care contributions to acknowledge the fact that the care you require has a nursing element to it. These have historically also been known as registered nursing care contributions. These payments are made by the Department of Health to nursing homes in respect of the nursing care they provided and have been paid since 2001. When a person moves into a nursing home an assessment should be carried out by the care home to determine eligibility. The resident will not receive any form of direct payment if they are considered eligible. Payment will be made directly to the care home. In 2016 the amount of the weekly payment was increased from £112 per week to £156.25. In future years it is possible that this amount will change again! Anyone now receiving funded nursing care should receive this higher rate. You should check with your provider to make sure. When the increase was introduced a number of complaints were made about how the care homes treated this increase. Residents thought that the increase should be passed on to them to reduce their weekly fees and, in effect, refund should have been backdated. It is important to look at your care home contract to work out what is going on with the funded nursing contribution as it is not always clear. You should always ask your care home whether your weekly fees are the gross or the net figure ie before or after the deduction of the funded nursing contribution. If it is ambiguous then you should make sure you query what the position is. If you move into a nursing home you may not initially receive funded nursing contribution. The assessment may take place several weeks later. You need to check whether your contract clearly states the weekly fee payable, to include the nursing care contribution you should check whether it is the practice of the care home to issue a new contract to record any change and/or notify the resident of the change in fees as a result of receiving the funded nursing care contribution. You will need to ask whether it is their procedure to backdate any award or increase as a credit to care fees. Perhaps the care home will issue a new contract with one months' notice as to the amended fees following any award or increase. It may be that your care home contract has been carefully worded to not pass on any increase in the funded nursing contribution. This can be accepted by the Ombudsman if a complaint to recover is lodged. If it is felt that the resident fully understood a clearly worded contract then it could be deemed that the resident accepted the terms and conditions. You should therefore receive from the care home:- 1. A clearly written contract setting out what happens to the funded nursing contribution 2. Notification of any care fee increase 3. Details of how to complain in the event that you feel you are not being fairly treated If you need any help with funded nursing contributions please give us a shout!