The deputyship application fee for the Court of Protection is to decrease from £400 to £385. This means that you will be £15 better off if you ever need to make an application. The better way to proceed is still to put in place Lasting Powers of Attorney which will eliminate your involvement with the deputyship process altogether. We protect our homes and cars against the what ifs - why do we not protect ourselves??

Does your solicitor advertise the costs that they charge on their website? We do. At Argo we believe in complete transparency with everything we do. We have no qualms about publishing our prices. We review our charges at the end of every year and publish the updated figures on our website. We understand that customers want to be able to shop around and we want to give our them the option to compare services by costs if that is important to them. The Solicitors Regulatory Authority recently conducted research with customers purchasing legal services. Of those they surveyed only 15% of customers were able to obtain information on pricing without having specifically ask for it. The SRA found that presenting price information would allow customers to make good financial decisions. When prices were readily available for services 62% of customers selected the best option for them between firms. As a customer you should be advised on costs before you undertake any work with a lawyer. Charges should be written down and confirm in a terms of business letter. You are also allowed to negotiate. If you think the charge being made by a lawyer is to much ask them to look at the different ways in which services could be provided ie by the hour, on a fixed fee, on a percentage fee, and see what works best for you. You are the customer after all!!

In 2015 172 attorneys and deputies were removed from their appointed position because of financial mismanagement or theft. This is a 150% increase on the previous two years. Although this is a small number when you look at the number of lasting powers of attorney registered and deputies appointed it is still far from ideal for those individuals who are at the end of the abuse. More often than not those individuals suffering at the hands of financial abuse are elderly or have capacity issues which means they cannot necessarily report the abuse when it happens. They may be isolated socially and geographically which means no-one is watching out for them. Abuse can be calculated and deliberate or justified as a reward or recompense for all the attorney or deputy has done. It can be small or significant but however it occurs it is wrong. Unfortunately, statistics show that it is family members who are most likely to be the abuser with friends and carers following closely behind. The Court of Protection is able to remove attorneys and deputies but very few cases actually end up before it for consideration. This means that there may be many more cases when attorneys or deputies should be removed where financial abuse is continuing. You should never be afraid to report concerns to the Office of the Public Guardian. They will investigate the allegations made thoroughly . If an attorney or deputy has acted properly and in accordance with their duties the Office of the Public Guardian will say so. Where abuse has occurred they will report to the Court of Protection and make recommendations as to the course of action they feel should be followed. Lawyers also have power to deal with abuse of vulnerable clients. We can advise on provisions in lasting powers of attorneys such as including accountability to third party clauses for the review of accounts and duties to consult with professional advisers. Advice to attorneys can cover their role and responsibilities to include what their powers are and what they can and cannot do. We should also be advising on the suitability of attorneys and deputies. It is also important that we look for capacity issues, undue influence and persuasion and coercion in our clients and take steps to ensure that our clients are carrying out their wishes rather than those of a potential abuser. If you are ever asked to wait outside whilst a lawyer meets their client this is so we can speak to our client and provide evidence to support their autonomy when making decisions. We all need to look out for each other. If you ever suspect abuse is occurring report this to the Office of the Public Guardian, Social Services, the Police or a lawyer who will know what steps to take.

Argo prides itself on thinking differently when advising our clients. We take a fresh approach to client needs by thinking about the whole situation rather than one particular issue. We believe in working collaboratively with other services to ensure our clients receive a joined up solution to their problem. We believe we lead in the way in which we provide our services to our clients and stand out from the crowd. The UK Department of Health and Social Care's 2016 policy paper "Our commitment to you for end of life care" states that 470,000 people die each year in England and it is anticipated that this figure will increase by 20% over the next 20 years. Planning for the future is not going to go away. Death is one of life's certainties and therefore planning for a long and happy old age is vital for all of us. We need to make sure that we are having the difficult conversations that are no go areas and discuss the sensitive subjects. These do not just need to be had within a family but also with professional advisers. We need to know about your assets, your liabilities and your tax position but we also need to know about you, your vulnerabilities and your worries. Retirement planning is simply not about money. It's about you and your family. Your finances and your health. It is no longer acceptable for lawyers to advise clients in isolation about a will or power of attorney. All areas of end of life overlap. Lawyers already work with accountants and financial advisers but they also need to be working with care home providers, healthcare professionals, therapists and social services. You simply cannot advise in respect of a will without understanding how care needs will impact on planning. You cannot advise on lifetime planning without understanding how capacity can affect what you intend to do. without considering these issues proactive planning can just fall apart. When you are looking for an adviser you need to make sure they know the answers to your problems. You need to make sure they know about care not just tax. They need to know about end of life planning not just tax planning. They need to know about what happens if you become unwell and cannot remain at home. They need to understand the financial burden this places on a family and what can be done to mitigate this. You need to make sure they have the experience to advise you. Never be frightened to ask them about past cases they have advised on, the type of clients they act for. Ask whether they are members of Solicitors for the Elderly or the Society of Trust and Estate Practitioners. Ask whether they will see you at home because travelling to the office is hard for you. Ask whether they work on fixed fees rather than hourly rates. Most importantly find someone you can have a relationship with and feel comfortable having sensitive and difficult conversations with. You and your lawyer should have a long term relationship not a one off transaction relationship.

The skills needed to draft a will are a dark art practiced by individuals who have studied the law for decades, but is all that about to change? The Law Commission closed its consultation period in relation to modernising wills on 10 November 2017. For those of you who don't know a will has to be in writing, signed by the persona making the will and witnessed by two witnesses who are in the presence of the maker of the will when he or she signed. It is not just about the signing however, you need to have capacity to understand what you are doing too. The legal test for whether you can make a will or not has been in existence since 1870. To have capacity to make a will you must understand what assets you have, understand the relationship with your family members and whether they should be recipients, understand what a will is and when it is effective and understand the consequences of your decisions if you make a will or do not make a will. One of the proposals being discussed is to combine this test with the test laid down to determine capacity in the Mental Capacity of Act of 2005 to determine whether someone has capacity to make a will. In the legislation it must be determined whether there is something that affects your mental capability to understand information, weigh up information and communication decisions. Capacity decisions about ability to make a will can be challenging and life changing so anything to help with these process must surely be an improvement. It is not just the capacity test which is being considered Discussion is also taking place around the need to modernise what a will actually is. Do we need to have a formal will which is written and signed and witnessed or would a text message be sufficient? With many of us owning an i-pad and being used to signing and writing on screen will we see a situation where we can prepare and sign and electronic will? As with everything in life change happens. As soon as we know any more about the modernisation of wills you will be the first to know!

Back in the day it was usually a spouse and children who decided what happened to your remains after you died and there were very few arguments. Today, with split and separated families living thousands of miles apart arguments are flaring about what to do with the remains of those they loved. A recent case resulted in a court dispute as to which side of the Atlantic the remains of war veteran were to be buried. Mr M had been married to his American wife and had two children before his divorce. Following the divorce he returned to the UK and married his first and true love whom he met and initially married during the war. Some may say that romance survives all but that was not the thinking of Mr M's America daughter who wanted her father's remains returned to America for burial. There is clear case law on what happens in these circumstances. No-one has a right of ownership of a body and any instructions placed in a will do not amount to the disposal of an individual's own body. It is recognised by law however that there is a legal right to possess a body in order to arrange a cremation or burial. This right is held initially by the executors if the deceased left a will or if no will was left the Non Contentious Probate Rules 1987 (section 22) provides an order to whom this right passes. In Mr M's case whilst his executors had the right to deal with his funeral wishes following death the High Court, in these circumstances, supported the American daughter in preventing the funeral. After twelve months of dispute the love of Mr M's life agreed for his remains to be returned to America. If there are individuals who all have the same level of right to make funeral arrangements ie children, the High Court have said that the deceased's wishes must be taken into account, the wishes of the family and friends must be taken into account, the place in which the deceased was most connected must be taken into account and the practicalities of arranging a funeral are all factors of key importance. So, not much clearer then! These are just the problems faced with burials! What happens if there is a dispute over cremation? An executor or near relative over the age of 16 can apply to have a body cremated. The Cremation (England and Wales) Regulations 2008 state that ashes can only be given to the person applying for the cremation or the person nominated by the applicant. All of this is clear as mud. So what can you do to try and make it just a little easier? A will can help to deal with potential arguments. You are able to include in your will specific wishes in relation to your funeral and what you want to happen to your remains. Do you want to be cremated (or cream tead as my autocorrect often puts!) or buried. Do you want to be put in a rocket or a firework to made into a diamond ring? Who do you want to have the responsibility of making your funeral arrangements? These wishes are not instructions to executors as to how your body is to be disposed but an expression of your wishes for your executors and family to follow. A funeral plan will also help to prevent dispute as you are in charge of making the arrangements you want at a time when you are able to do so. Funeral plans take away difficult decisions for families at a time when emotionally they really cannot make any decision at all. The funeral director will then have clear instructions about where roles and responsibilities lie. As I always say to clients, you absolutely must discuss this subject with your family. Making decisions about my gran's funeral was one of the hardest things I have had to do. Even though I do this for a living we had never discussed what she wanted after death because we were too busy making sure she enjoyed her life.

You may not remember that many years ago a trust was created by your grandparents and Aunty Pearl was appointed as one of the trustees. With the passing of time the trust has been forgotten. Family members have been born and died and times have changed. But not Aunty Pearl. Everyone is delighted that she is still going strong in her care home having been diagnosed with dementia five years ago. Until they remember the trust........ Assets now need to be distributed from the trust and the trust needs to be closed but Aunty Pearl for all her greatness cannot remember her children let along the responsibility of trustee that she holds. Does this mean that nothing can happen or can the other trustee sort everything out without Aunty Pearl? The reality is nothing can happen whilst Aunty Pearl lacks capacity to make decisions. All trustees have to act together and one cannot make a decision or act independently of the other. So what are the solutions to this enormous problem? Worry not, a solution is to hand..... The Court! Trusts are not only formal documents which are specifically created to house assets but they can arise naturally with ownership of property. Where there is a formally constituted trust with trust documents an application would need to be made to the High Court for the appointment of a new trustee under the Trustee Act 1925. This will allow Aunty Pearl to be removed and for assets to be transferred to the trustee who is capable and the new trustee. The Court will ask for evidence to support the application such as evidence of the capacity issues, a draft deed of appointment and details of the trust. It is a bit of a faff but you get there in the end! Where a trust arises naturally for example if Aunty Pearl were to own a house jointly with her husband, an alternative course of action has to be taken. If Aunty Pearl has not made an enduring or lasting power of attorney and no deputy has been appointed her husband will have to apply to the Court of Protection under the Trustee At 1925 for the appointment of a new trustee. Hubby will also have to ask the Court of Protection for a deputyship order to manage Aunty Pearl's financial affairs and to seek permission to enable the purchase of a new property. Bearing in mind hubby is probably the same age as Aunty Pearl he ought to have someone appointed to act with him as deputy, just in case. These procedures are not particularly straightforward and the easiest thing to do is remember when you have a trust, who is appointed as a trustee and take precautionary steps to prevent this problem arising. Drafting a deed of appointment of trustee is easy when everyone has capacity and a lot less time consuming and costly. As always Argo is always here if you need any help.

Do you remember the run on the banks in 2008 when everyone was worried about the security of their cash in the bank. I certainly do. The day after the crash was one of my busiest with concerned clients calling to enquire whether funds held in my client account were safe. I know that for a long time this issue was uncertain for legal practices holding cash for clients in a pooled client account. I wanted to clarify Argo's position with this as I have recently been asked by a client. You will already know that for your personal savings held with a bank you have protection for the first £85,000 of funds within that institution. This limit applies to the individual and therefore if you have other money within that institution that is also taken into account ie joint savings. For legal practices it does not matter whether funds are held in a pooled account or individual accounts, each client holding £85,000 has protection up to that amount. At Argo to make absolutely sure that you are protected we hold individual designated client accounts with our bank in which your individual funds are held. If for some reason we hold a temporarily large balance over £85,000 then we also have protection for these funds for a period of six months from receipt. These funds would be things like personal injury settlements, inheritance from an estate, death benefits or proceeds held by executors on behalf of an estate. It is not Argo's policy to retain your money for any longer than we absolutely have to. We want you to be spending and enjoying the benefit of it!!

Alan Eccles, Chief Executive of the Office of the Public Guardian, has endorsed a pilot scheme for mediators to become involved with warring families in Court of Protection disputes. The scheme "attempts to put things back together again " in order to "honour the wishes of the donor" rather than imposing a local authority or panel deputy on a family to manage the financial and personal affairs of their incapacitated family member. This seems a sensible step forward to try and eliminate the need for costly Court of Protection hearings where everyone loses, particularly the incapacitated family member who usually bears the burden of everyone's costs.hat's this item about? What makes it interesting? Write a catchy description to grab your audience's attention...

Thank you to Highlands House for providing us with feedback from our input to the last Carers' Ed meeting. Did you find input from Argo life helpful? Carers comments: “Very stimulating and informative” “Yes I will review our situation” “Definitely!” ​ We help the families who have just received a diagnosis of dementia by providing them with some insight into how wills, lasting powers of attorney and the care fee system works. We are pleased to play a small positive role in a life changing event.

Have you heard about the new priority service register provided by South East Water? ​ A priority register has been developed for elderly and vulnerable customers or those who have additional needs. If you experience a burst pipe or an interruption to your service South East Water will deliver bottled water to your home. ​ You should also check whether you are eligible to review your water tariff as charges can be capped according to household income. What's this item about? What makes it interesting? Write a catchy description to grab your audience's attention...

Have you given up a full time job to look after your grandchildren? If so, you need to make sure that your protect your National Insurance contributions if you are not yet receiving your state pension You may be able to claim National Insurance credits if your grandchild is under twelve. To apply for the specified adult childcare credits you will need to complete an application form. You will need to include details about you, the child you are caring for, the periods in which you care and your child. If you wish to claim applications cannot be accepted until October following the end of a tax year that you are claiming for example for the tax year 2016/17 claims can be made in October 2018. If you want to speak to someone about this call 0300 200 3500