Can I make a Lasting Power of Attorney if I have Additional Needs?

As you may know (especially if you are an avid reader of our articles and blogs😉) a Lasting Power of Attorney is put in place so that someone that you trust implicitly (known as an Attorney) can manage your finances & property and/or your health & welfare decisions on your behalf, when you are no longer able to do so.

A Lasting Power of Attorney must be put in place whilst the Donor (the person giving the Power) has capacity, and a Certificate Provider is required to certify this, in order for the Lasting Power of Attorney to be registered by the Office of the Public Guardian and it can be used.

A question we are often asked is…

Can you make a Lasting Power of Attorney if you have Additional Needs?

As we know, every individual is unique and must be considered on a case-by-case basis, and all needs vary. However, in order to make a Lasting Power of Attorney, the Donor needs to understand the effects of putting the Powers in place.

We are contacted often by loved ones of the intended Donor, parents and family members of carers who want to ensure they are protected and that their money is used in their best interest.

However…the decision MUST be made by the DONOR.

A Certificate Provider will meet with the intended Donor and go through, carefully and sensitively, the current circumstances and ask questions in relation to their individual circumstances and personal affairs, as well as current affairs in the news and media, to ascertain their general capacity and mental wellbeing.

If the Certificate Provider is content that the intended Donor has capacity, and understands the importance of the Lasting Power of Attorney and the extent of the Power that they are giving to their Attorneys, then the Certificate Provider will sign their section of the Lasting Power of Attorney and, following all of the necessary signature, this can be sent to the Office of the Public Guardian for registration.

When registering a Lasting Power of Attorney, it may be necessary to notify people that an application is being made, this is often necessary to protect the Donor. Notification can be given to up to five people, although this cannot be given to those that are being appointed as the Attorneys. This provides extra security for the Donor and allows the person, or people, being notified of the intended registration the opportunity to object to the Power being registered for any of the following reasons:-

if they believe that the Donor does not have mental capacity;

if the person being notified has a genuine belief that the Donor was under undue pressure to give the Power or is a victim of fraud;

if the person being notified has a genuine belief that the Attorney would act in a way that is beyond their powers under the Power or would not be in the best interests of the Donor;

if the Donor of the intended Attorney, or Attorneys, have already passed away;

if the Donor and intended Attorney were married or in a civil partnership and this has now ended;

if the intended Attorney does not have the mental capacity to be appointed as an Attorney;

if the Attorney is bankrupt;

Having both Lasting Powers of Attorney (one in relation to health & welfare and another in relation to property & financial affairs) in place means that, the Donor is able to appoint the people they know and trust, whilst they are still of sound mind to make such a decision, to make decisions for them when they are unable to do so for themselves. This can remove the unnecessary stress from both them and their loved ones and help to manage their day-to-day life much easier.

So, as you can see…

There is no straight YES or NO to the question of whether a Lasting Power of Attorney can be put in place for someone with Additional Needs but we are more than happy to have a chat with you or your loved ones about doing so. We are trained to deal with such circumstances and have many years experience in dealing with sensitive situations.

We are always happy to have a chat with you about putting a Lasting Power of Attorney in place, the Powers that are available and whether this is still a viable option for either yourself or a loved one.

If you would like to have a free chat about Lasting Power of Attorneys, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

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21st January 202121st January 2021

What is a Living Will or an Advance Care Plan (ACP)?

What is a Living Will or an Advance Care Plan (ACP)?

Kindly written by Debbie Callow RMN

An Advance Care Plan, known as an ACP, is an umbrella term that contains a plan made in advance of reaching the end of your life that details key wishes, preferences, and legal aspects of your care needs. It was previously known as a Living Will, some people may still know it as that, but this is a more outdated term. It is important for us all to complete but even more so for a person experiencing dementia as there is a risk of losing mental capacity as the disease progresses.

I’m Dementia Debbie, The Dementia Coach and I’m a registered mental health nurse specialising in supporting families facing dementia with tough transitions through their dementia journey. I believe education is key to helping the world understand dementia, after all knowledge is power, so let me help you understand some basics about what to consider in an ACP.

An ACP can encompass an array of documents such as an Advance Statement, Lasting Power of Attorney (LPA), Do Not Attempt Cardiopulmonary Resuscitation (DNACPR), Advance Directives (different from an advance statement). It can also include information related to after death such as Will information or funeral arrangements. It’s important to know that an ACP helps guide professionals and families in the right direction when a person has lost mental capacity and the team are trying to act in the person’s best interests. If a person still has mental capacity, they may wish to use their ACP to help them make decisions, as it allows you to consider tough decisions ahead of time. Trying to decide when an event is occurring can often mean our judgement is clouded as our emotions are heightened at this time. The ACP helps take away from that decision-making process at those challenging times when it can be difficult to think straight.

Health and Social Care professionals will often use a lot of jargon, sometimes without even realising, and you may not know what that abbreviation or word means. Always ask a professional what they mean if they use a term that you are not sure about. Let me explain now what all those documents I listed entail:

Advance Statement

A personal statement of your wishes when you reach the end of your life, it is mainly focused on pre-death but can include details of where your Will is or who holds it, as well as your funeral wishes. People often want to include things like “I wish to be pain free”, “I wish to have my family around me”, “I wish to always be treated with dignity and respect”, “I wish to be cared for at home”. Consider though the deeper meaning to these statements, for example, what do you mean by “pain free”, do you want to be so dosed up on medications you are free from pain but not really aware of who is in the room, or would rather tolerate some pain so you can be more aware of your surroundings? Everyone will feel differently about this and it’s important to always consider what a statement really means to that individual. Similarly, someone who wishes to remain at home, that can be option A, but what if it was not safe to remain at home, under what circumstances would you consider an option B and C? Put these variations to your preferences in your Advance Statement, it can save a lot of heartache and guilt later on if people already know what you want if you couldn’t stay at home for some reason. You can find a template to complete an ACP on the Dementia UK website. (1)

LPA (Lasting Power of Attorney)

A legal document that enables a person with mental capacity to appoint a person/s to speak on their behalf about important financial and or health matters. If a person has already lost mental capacity, then they cannot get an LPA and may need a representative to apply to the Court of Protection to become a Deputy. There are 2 types of LPA, Financial & Property which can be active before a person loses capacity and Health & Welfare which is only applicable once a person has lost capacity. If an appointed Attorney is active, they should always be advocating for what that person would want and in their best interests. I would always recommend getting legal advice to complete these documents. A solicitor such as, Total Legacy Care, will talk through many scenarios with you to ensure the LPA is strong and lasting. You can find information about all of these matters at the Office of the Public Guardian. (2)

DNACPR (Do Not Attempt Cardiopulmonary Resuscitation)

This is another legal document and the biggest misconception about DNACPR is that it means professionals are giving up on the person, it does not mean that! It only applies in the event of the heart stopping and whether you would then want CPR to try and restart your heart. It does not apply to any other health matter or care need.

It is a medical decision whether to put one in place but should always be done with consultation with the patient (if possible) and family. I think the easiest way to think about whether or not you or someone you love might need a DNACPR is;

Would it feel wrong to you to see someone aggressively pushing up and down on that person’s chest?

If you feel yes it would, speak to the GP about getting one put in place.

CPR is not a gentle process, it often causes bruising, skin tears, sometimes broken bones. CPR is only successful in 10% of cases that happen outside of hospital (3) and is 3 times less likely to be successful on someone with a cognitive impairment. (4)

Advance Directives

Another legally binding document and are about refusing life sustaining treatment. Not many people have them as the wording must be extremely precise and include phrases such as “even if my life is at risk as a result”. An Advance Directive informs of the treatment being refused and the circumstances in which you wish to refuse that treatment.

For example, specific treatment: I wish to refuse artificial feeding through a tube to my stomach or IV, circumstances: I wish to no longer receive food or fluids through a feeding tube when I can no longer swallow safely due to my dementia, even with the support of others, even if my life is at risk as a result.

The reason to put in your health condition is that this same sentence may not apply in different circumstances. A person with dementia may want artificially feeding if the reason they cannot eat is from a stroke which they are expected to recover from.

Advance Directives should always be discussed with your specialist consultant involved and with legal support.

I offer support to complete an Advance Statement and can talk through the other aspects discussed. You can follow me on Instagram @dementiadebbie or visit my website https://thedementiacoach.org/.

Reference resources

Dementia UK ACP template https://www.dementiauk.org/wp-content/uploads/2020/07/DUK_ACP_form_editable_online.pdf
Office of the Public Guardian https://www.gov.uk/government/organisations/office-of-the-public-guardian.
Resus Council UK https://www.resus.org.uk/home/faqs/faqs-basic-life-support-cpr
Arcand M. End-of-life issues in advanced dementia: Part 1: goals of care, decision-making process, and family education. Can Fam Physician. 2015;61(4):330-334. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4396757/

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12th November 202011th November 2020

Lasting Power of Attorney: The Basics

Lasting Power of Attorney:
The Basics

Following on from in our series of ‘The Basics’, this week we look at Lasting Powers of Attorney and some of the questions we are frequently asked, such as:

?

What is a Lasting Power of Attorney?

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Why is a Lasting Power of Attorney important?

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What happens if I don’t have a Lasting Power of Attorney in place?

?

Can I put a Lasting Power of Attorney in place after being diagnosed with Dementia?

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What’s involved in making a Lasting Power of Attorney?

So, let’s get going…

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that you put in place to name someone (or more than one person) that you know and trust as your Attorney or Attorneys. As your Attorney, they will have the ability to make decisions for you if you lose mental capacity in the future or even if you would prefer them to make decisions for you now in relation to your finances.

There are two types of Lasting Power of Attorney, one in relation to Property and Financial Affairs and another in relation to Health & Welfare. You can appoint the same, or different, people to be your Attorneys in relation to the two different types.

Why is a Lasting Power of Attorney important?

Why is a Lasting Power of Attorney important? Or, what happens if I don’t have a Lasting Power of Attorney in place? Both of these questions arrive at a very similar answer…

We are all living longer and statistics show that 1 in 3 of us will develop Dementia. It is vital to release the burden from loved ones to allow them to access your money and pay for care for example. Banks can freeze accounts if capacity is lost, regardless of account signatories and medical professionals make decisions for you without having to consult your loved ones. A Lasting Power of Attorney negates these issues.

A Lasting Power of Attorney, for your property and financial affairs, can be put into place straight away meaning that even if you are out of the country, or temporarily incapacitated, your Attorney can help out and make decisions for you or undertake actions for you where otherwise you would need to be physically present.

Can I put a Lasting Power of Attorney in place after being diagnosed with Dementia?

We are massive advocates for getting your Lasting Powers of Attorney in place at a young age, even if the concept of ever needing them seems in the very distant future BUT…

A Lasting Power of Attorney must be put in place whilst the Donor (the person giving the Power) has capacity and a Certificate Provider (that can be us!) is required to certify this in order for the Power to be registered by the Office of the Public Guardian.

So, once diagnosed with dementia is it too late to make a Lasting Power of Attorney?

Whether you can make a Lasting Power of Attorney after being diagnosed with Dementia will depend on how soon the diagnosis takes place and whether the individual that has been diagnosed has lucid or ‘good’ days and is still of sound mind.

If the individual still has lucid days where they are clear on their finances, current affairs and appear to be unaffected by the Dementia, then it may well be that a Lasting Power of Attorney can be prepared at this time and instructions taken from the individual. A Certificate Provider will meet with the individual and go through, carefully and sensitively, the current circumstances and ask questions as to that individual’s circumstances and personal affairs as well as current affairs in the news and media to ascertain their general capacity and mental wellbeing. If the Certificate Provider is content that the Donor has capacity, then the Lasting Power of Attorney can be applied for.

You can find out more in our article – Is it too late to make a Lasting Power of Attorney once being diagnosed with Dementia?

What is involved in making a Lasting Power of Attorney?

The documents for a Lasting Power of Attorney can be quite daunting BUT, there is no need to worry!

We will meet with you and discuss all of the options and your requirements, and answer all your questions, and then complete all of the documents for you.

We will then return to you, so that all of the documentation can be signed in the correct order and in the correct places (we will also act as witness and certificate provider where appropriate).

We then liaise with your Attorneys to get all of the documentation signed correctly and get everything sent off to the Office of the Public Guardian for registration.

If you have any questions, or would like a FREE consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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25th June 202025th June 2020

What are my rights & Responsibilities as an Attorney?

Advice for Attorneys
What are my Rights & Responsibilities as an Attorney?

Being appointed as an Attorney is a privilege BUT can often be seen as a daunting task.

So, let’s take a look at some of our advice and top tips for Attorneys…

Responsibilities

As an Attorney, you can make decisions on behalf of the person that has appointed you as an Attorney (the Donor) BUT you must always act in their BEST INTERESTS.

As an Attorney you MUST:

assume that the Donor can make their own decisions unless it is established that they cannot;
help the Donor to make their own decisions and take practical steps to assist with this. Only if you are not successful with this, can you make a decision yourself;
not treat the Donor as unable to make a decision just because they are making a decision that you believe to be unwise;
make decisions and act in the Donor’s best interest;
make decisions or act in a way that is the least restrictive on the Donor’s rights and freedoms whilst still achieving the purpose.

Rights

Your rights as an Attorney may depend on HOW YOU HAVE BEEN APPOINTED and whether the Donor has stated any PREFERENCES AND INSTRUCTIONS within the Lasting Power of Attorney document.

Where more than one Attorney has been appointed by the Donor then they have the choice to appoint the Attorneys to act:

Jointly & Severally

This is the most common option as it offers the most flexibility and allows the Attorneys to make decisions together, where possible or separately where it is not possible for all Attorneys to be together to make a decision.

This is particularly helpful where urgent decisions are required as it does not require all Attorneys to agree a unanimous decision.

This also means that the LPA will not be cancelled if just one Attorney can no longer act, where there are no replacement Attorneys named.

Jointly

Where Attorneys are appointed JOINTLY then ALL Attorneys must unanimously agree on a decision in order for it to be taken. If a unanimous decision cannot be agreed, then the decision cannot go ahead.

This could be difficult where Attorneys do not get on or cannot work together.

If one Attorney is unable to continue acting, or dies, then the LPA will be cancelled (unless there are Replacement Attorneys named) as where Attorneys are appointed JOINTLY, the law sees them as one unit, rather than as individuals.

Jointly for Some Decisions & Jointly and Severally for Other Decisions

With this option, the Donor can write specific preferences and instructions to the Attorneys as to what decisions must be made JOINTLY (unanimously) and the remaining decisions, that fall outside the scope of those specified by the Donor, can then be made either JOINTLY or SEVERALLY.

WHEN YOU CAN MAKE DECISIONS as an Attorney will depend on the Power given by the Donor.

In relation to Health & Welfare decisions, an Attorney can only act when the Donor no longer has capacity to make the decision for themselves (and this is assessed on a decision by decision basis).

In relation to Property & Financial Affairs, the Donor can choose whether an Attorney can act as soon as the LPA is registered or only after they have lost mental capacity.

Remember, your role as an Attorney is to EMPOWER the person that has appointed you as an Attorney and to help them make decisions for themselves or to take those decisions for them, in their best interest and as they would have done, had they been able to do so.

An Attorney must STOP acting if:

they lose mental capacity;
become bankrupt (if they are appointed as a Property & Financial Affairs Attorney);
become subject to a Debt Relief Order (if they are appointed as a Property & Financial Affairs Attorney);
they decide that they no longer want to act as an Attorney;
they were the husband, wife or civil partner of the Donor and have legally ended that marriage or civil partnership with the Donor.

If you have any questions please do not hesitate to get in touch for a FREE consultation.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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28th May 202028th May 2020

DEMENTIA…What have you done about it?

DEMENTIA...What have you done about it?

Someone in the UK is diagnosed with Dementia every three seconds!

That is an absolutely staggering statistic and one that many of us know, or have heard but still don’t realise the enormity of it…until it affects us personally (whether that be by a diagnosis to us or a close family or friend).

Although, at present, there is no cure for Dementia (or prevention!), there are steps that we can take to reduce our risk – why not check out our website DementiaTLC.co.uk – for some tips and advice.

There are also measures that we can put in place to help protect us should we lose capacity, Lasting Powers of Attorney for Health & Welfare and Property & Financial Affairs.

For many, the thought of appointing Attorneys to act for them is overwhelming and the thought of tempting fate is just a bit too much, HOWEVER…what if that step isn’t taken?

Capacity isn’t only lost by those with their affairs in order, it can hit any of us at any stage of our lives.

One major question for our clients is…who is the right person to choose as your Attorney?

Well, you don’t just have to pick one! You can pick up to four and you can also appoint replacement Attorneys should your Attorneys be unable to act.

Attorneys should be the people you know and trust the most to make the decisions you would have made had you had the capacity to do so. Thus common choices are, a spouse, siblings, children (over the age of 18), cousins, close friends and other family members.

There is no right answer or ‘one size fits all’.

Once you have your Lasting Powers of Attorney in place, you have the peace of mind knowing that should something awful happen and you be left without capacity (whether temporarily or permanently), you have the people that you trust most in the world to look after your decisions and ensure that your affairs are in order and kept in the way you would have wanted.

We can help ensure the process is smooth and efficient as possible, going through all of your questions and even speaking with your Attorneys if you would find this useful. We can manage the entire process and ensure that your Lasting Powers of Attorney are registered and available for you to use when you need them most.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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30th April 202030th April 2020

Should you put preferences and Instructions in your Lasting Power of Attorney?

Should you put preferences and Instructions in your Lasting Power of Attorney?

When making your Lasting Power of Attorney, both in relation to Health & Welfare and Property & Financial Affairs, you have the option to include preferences and instructions.

In practice, most people leave these sections of the Lasting Power of Attorney blank BUT…this is completely up to you. It is your Lasting Power of Attorney, you are appointing people you trust to make decisions for you and so you may want to leave them preferences and instructions.

So, what are the differences between preferences and instructions and what are some examples?

Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney are the things that you would like your Attorneys to think about and consider when making decisions for you.

Therefore, preferences are not mandatory and do not have to be followed but are instead a consideration for your Attorney to bear in mind.

Preferences cannot be written as directions and cannot force your Attorney to do, or refuse to do, something or stipulate that your Attorney take, or refuse, a specific decision or action.

Examples of Preferences in a Lasting Power of Attorney

Preferences in your Lasting Power of Attorney may ask your Attorneys to bear in mind the following considerations:

Preference as to WHERE you live

This could mean that your Attorneys have to consider this when making decisions about your living arrangements and how close you are to relatives, friends and loved ones for example.

Preference as to the TYPES OF MEDICINE that are prescribed

This could ask your Attorneys to bear in mind only generic medications.

Preferences as to ACTIVITIES and EXERCISE

This could state your preferences to your Attorneys in relation to how much activity and exercise you like to partake in or how long or frequently you would like to spend outside whilst you are mobile enough to do so.

Preferences in relation to PETS and ANIMALS

This option allows you to ask your Attorneys to consider your preferences in relation to living with animals and pets whether in your own home, living with relatives or if you have to move into sheltered accommodation, a care home or nursing home.

Preferences in relation to PERSONAL HYGIENE

This allows you to state your preferences in relation to maintenance of your personal hygiene such as frequency or haircuts, manicures, pedicures and the like.

Preferences in relation to REINVESTING

A preference in relation to reinvesting could ask your Attorneys to consider reinvesting all of the interest on any of your investments into your annual ISA allowance.

Preferences in relation to FINANCES

Preferences in relation to your finances could include asking your Attorneys to consider maintaining a minimum amount in your bank account or give consideration to making charitable donations and how much and how often these should be considered.

Instructions in a Lasting Power of Attorney

Instructions in your Lasting Power of Attorney are mandatory and therefore, unlike preferences, must be followed by your Attorneys.

If you choose to include instructions in your Lasting Power of Attorney, then you should use words such as ‘must’, ‘shall’ ‘have to’, in order to demonstrate that there is no choice in the Attorney complying with the instruction.

If you decide to pay your Attorneys, for acting as an Attorney, then this should be included within the Instructions in your Lasting Power of Attorney.

Examples of Instructions in a Lasting Power of Attorney

Some examples of Instructions that you may give to your Attorneys, in your Lasting Power of Attorney are as follows:

Instructions in relation to MOVING IN TO A CARE HOME

You could state that your Attorneys must not take the decision to move you into a Care Home, or residential care, unless they have been advised by a Doctor, or your GP, that you can no longer live independently.

Instructions in relation to BLOOD TRANSFUSIONS or MEDICAL TREATMENT INVOLVING BLOOD PRODUCTS

This type of instruction may be particularly important depending on your religion and you therefore may want to give your Attorneys clear instructions to refuse any medical treatment involving blood products.

Instructions in relation to DIET

Again, this type of instruction may be particularly important depending on your religion or ethical beliefs. You may want to give your Attorneys clear instructions as to ensuring that you follow, and are only given, a particular diet, such as vegetarian or vegan for example.

Instructions in relation to INVESTMENTS

This type of Instruction could state that your Attorney must seek advice from a Financial Adviser before making any investments above a specified amount.

Instructions in relation to your PROPERTY

You may want to give instructions to your Attorneys in relation to how your property is dealt with, for example stating that your home is not to be sold unless, in the opinion of a Doctor or your GP, you can no longer live independently.

Instructions in relation to making GIFTS

You may instruct your Attorneys that they cannot make gifts or that they must make gifts. If gifts must be made, you should give instructions as to who the gifts should be made to, whether that be individuals or charities, as well as considering giving details as to the amount and frequency of the gifts.

Instructions in relation to ANNUAL ACCOUNTS

This type of instruction may be given where you are appointing a professional to act as your Attorney and want Annual Accounts to be sent to specified family members or close friends.

IMPORTANT NOTE: YOU MUST INCLUDE INSTRUCTIONS IF:

you have investments managed by a bank and want that to continue; and
you want to allow your attorneys to let a bank manage your investments

If you have any questions, or would like a FREE consultation, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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23rd January 202023rd April 2020

There are two certainties in life…

There are two certainties in life…

Benjamin Franklin is famous for stating:

...in this world nothing can be said to be certain, except death and taxes.

Benjamin Franklin

Now, we are only too aware that many people don’t want to talk about death, let alone their own or that of a loved one BUT this leaves a heavy burden on your surviving loved ones upon your death, not only emotionally but possibly even financially.

When getting sorted for when the time comes, one thing that we cannot recommend highly enough is a FUNERAL PLAN.

Putting a Funeral Plan in place gives you the peace of mind that your Funeral is organised, how you want and (most importantly, for many!) the Funeral Director services are paid for in advance.

This not only has the benefit of putting your mind at ease but also takes the financial burden off of your loved one at what is already a difficult time.

We set out below a table of the average cost of a Funeral throughout the years, as well as the predicted costs for 2020 and 2023, and you will see just how much those costs are increasing. It doesn’t take a genius to see that these increases are far above those of inflation!

Putting a Funeral Plan in place guarantees that all of the Funeral Directors service costs are covered and takes away the stress of putting the arrangements in place as this can all be done with a call to activate the plan.

If you would like more information or to discuss putting a funeral plan in place, call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk for a free, relaxed and considerate discussion on how we can help

Leah Waller

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13th November 201923rd April 2020

Starting a conversation about the ‘Elephant in the Room’

Starting a conversation about the ‘Elephant in the Room’

With over 30million people in the UK without a Will, there are so many reasons that it is one of those things that gets put off, moves down the ‘To-Do List’ and sometimes just never ever gets done BUT it doesn’t have to be the difficult conversation that many expect!

Many of us put off making a Will because we don’t want to tempt fate or presume that those we want to take care of will be able to inherit our assets anyway but that isn’t always the case.

Where there is no Will, the Rules of Intestacy kick in and this means that you lose control over who you would want to inherit and this is chosen for you…

So, if you are one of those 30million that have been putting off making a Will, or have a Will that may need updating, why not take a look at some of these considerations…

Who do you want to inherit your Estate?

We all would like to think we are immortal, right?

Unfortunately, that isn’t the case and so we should have consideration for who we would want to benefit from everything we have worked hard for, when we are no longer around.

This will depend on your circumstances and is likely to change at different stages of your life, depending on your relationships, children, grandchildren, nieces and nephews, perhaps even godchildren or second marriages.

Estate Valuation

The value of your Estate is calculated by totalling everything that you possess, own or have an interest in at the date of your death (this will include property – residential, buy-to-lets, commercial and holiday homes), money, bank accounts, savings, ISAs, Stocks & Shares, Cars, Jewellery and personal possessions.

Any liabilities or debts will then be deducted from this total, including mortgages, loans, utility bills, credit cards plus any funeral expenses.

Inheritance Tax

If your Estate valuation totals more than £325,000 then you may have an Inheritance Tax Liability. However, there are other reliefs available including relief if you are leaving your residential property to direct descendants, if you have any business assets and if you are married or in a civil partnership and leaving your estate to your spouse or civil partner. It is worthwhile seeking advice from a professional in order to ensure you are taking advantage of all the reliefs that may be available to you.

There may also be other options available to you, depending on your Estate Valuation, your income and projected needs over your lifetime, in terms of Trusts and Financial planning to reduce any Inheritance Tax liability, again it is worthwhile seeking expert advice in relation to this.

Gifting

You may well benefit from making gifts during your lifetime, but this may not be possible for everyone.

Once you have a better idea of your Estate Valuation, who you want to benefit from your Estate upon your passing and whether you have any Inheritance Tax Liability, you may want to consider whether you could benefit from making gifts during your lifetime.

Each of us is able to make gifts of £3,000 each year without attracting any Inheritance Tax liability (and we can carry this over for one-year too!).

However, any gifts that exceed this may still be liable for Inheritance Tax if made within seven years of your death…again, we would recommend seeking professional advice if you are considering making gifts during your lifetime.

Wishes

Do your loved ones know what your plans are for the future, do you have certain expectations in relation to your later life care (this could be dealt with in a Lasting Power of Attorney) or perhaps even your funeral?

You may even want to give gifts in your Will with a condition attached (upon reaching a certain age, to be used for certain circumstances or only to be received upon meeting a condition).

Setting these out can be really helpful, not only in giving you peace of mind but also in preventing any unnecessary arguments or disputes when you are no longer around.

Charities

Another consideration that may be worth thinking about, is whether you would like to leave anything to Charity upon your passing.

If you are leaving 10% or more of your Estate to a Charity then your Inheritance Tax Liability will be reduced from 40% to 36%.

We are always happy to have a free chat to answer any questions that you may have, offer advice or help you to put something in place.

If you have any questions or would like to discuss putting a Will in place, call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk for a free consultation

Leah Waller

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23rd October 201923rd April 2020

What to do after being diagnosed with Alzheimer’s Disease

What to do after being diagnosed with Alzheimer’s Disease

Whether receiving a diagnosis for yourself or a loved one, it is a very difficult time, so much information to take in and lots of changes on the horizon. It can be overwhelming.

Depending on where you are on your journey when the diagnosis takes place, may depend on the amount of information you already have and what is available.

Here we set out a simple list of steps that should be taken upon diagnosis to help you set off on the right path…

Knowledge is Power

You may have had experience with Alzheimer’s or Dementia before, or this may well be your first encounter, either way there may be symptoms that you are not aware of or have not experienced before.

The more you can learn the better. The phrase “forewarned is forearmed” comes to mind. The more we know, the better we can prepare.

There is a lot of support around online, groups, professionals, carers, families and individuals that have also been diagnosed all navigating a similar journey. Linking up with these groups and support can be beneficial mentally and emotionally.

Allow yourself to feel

As we have said, receiving a diagnosis for yourself or a loved one, is a very difficult time, so much information to take in and lots of changes on the horizon. Allowing yourself to go through the emotions you are feeling is okay.

You are not superhuman or a robot and taking time to acknowledge and process those emotions is invaluable.

There is no ‘correct path’ of emotions to take and so feelings of sadness, anger, frustration, disappointment and disbelief are all natural feelings.

Getting into a Routine

Getting organised and into a routine can really help, not only in terms of getting into good habits but to help set out early where everyone is, what should be done when and to know what is expected when. This is vital as the Alzheimer’s or Dementia progresses as routine and structure will be a necessity.

Alzheimer’s affects memory and so having a structured routine can help keep track of medication, appointments, activities and day-to-day tasks.

Routine can help to reduce stress, anxiety and frustration and increase independence and feelings of security.

Ensure your LEGAL and FINANCIAL affairs are in order

Managing your financial and legal affairs is impossible once capacity is lost.

A diagnosis of Alzheimer’s or Dementia does not automatically mean that capacity is lost and so arranging the correct legal authorities are in place, whilst you have capacity to do so is vital.

You may consider reviewing your Will but also putting Lasting Powers of Attorney in place so that the person that you choose, and trust, has the authority to deal with your matters (financial, property, health and welfare) when you are no longer able to do so.

We are always happy to have a free chat with you about this – CLICK HERE

Look at what CAN be done

Once a diagnosis is received is very easy to see this as a disabling disease that will only get worse and therefore discount capabilities, activities and all those things that were much loved prior to the diagnosis.

THIS DOESN’T HAVE TO BE THE CASE!

It is so important to consider what can still be achieved, the preferences, opinions and desires of the person living with Alzheimer’s.

A diagnosis doesn’t always mean that a person is incapable and they won’t necessarily lose their desire to carry out those activities that they used to love. Being able to carry this on for as long as is safe can be great for independence, self-esteem not to mention physical, emotional and mental wellbeing.

Consider a Care Plan

It is inevitable that as the Alzheimer’s or Dementia progresses the need for care will increase, as will appointments with an array of professionals.

There may be a range of people helping with care, loved ones, family, friends and professionals, and a care plan can assist with setting out who is responsible for what, what is expected and when this is expected.

Having a plan for now, as well as having discussions about what may be needed as the condition progresses, and how this could be catered for can save a lot of stress in the future.

Diagnosis is NOT the End

It is natural to feel that there is no light at the end of the tunnel or struggle to see what there is to be grateful for when receiving a diagnosis of Alzheimer’s or Dementia as the road ahead can seem somewhat bleak and overwhelming however, this doesn’t have to be the case.

Taking into account point 5 above and looking at what can be done means that it is not the end…fun can still be had, knowledge can still be gained and relationships can still develop.

Yes, things will be different but that does not mean it has to be worse.

You are NOT alone

Remember, whether you are the one that has been diagnosed, a loved one or caregiver…you are NOT alone.

There are lots of support groups out there, those that you can attend locally and National support groups that you can access online.

We have a list of upcoming events that maybe local to you on our website HERE.

There are no stupid questions and so we should not be afraid to ask for help or assistance.

Everyone’s journey is different, neither right nor wrong. We all have different experiences and can learn something new.

If you would like a free chat to see how we can help or if you have any questions please do not hesitate to get in touch for a FREE consultation on info@TotalLegacyCare.co.uk or 01727 865 121

Dementia TLC

Did you know we have a whole website dedicated to Dementia, those living with Dementia and their Caregivers?

Check it out HERE!

Leah Waller

Have a Question or
want to book a
FREE Consultation?

9th October 201923rd April 2020

How to Solve a Rubik’s Cube: What’s the Link?

How to Solve the Rubik’s: What’s the Link?

Rubik’s Cubes and Total Legacy Care…what is the link?

This is something that we are SO SO passionate about so, let us enlighten you!

As a legal firm, we protect our clients with Lasting Powers of Attorney but we wanted to do something to go the extra mile for our clients. That’s when we decided to help our clients to not only protect themselves if they were to lose capacity in the future, by putting Lasting Powers of Attorneys in place, but ensure they take measures to keep their minds active and have some fun in the process. Learning to solve the Rubik’s Cube has some amazing benefits…

The Rubik’s Cube is often referred to as the IMPOSSIBLE TOY but everyone recognises the iconic cube and it often brings back memories from childhood, whether that be elation at solving the cube or frustration at not being able to!

We are so passionate about the positive benefits that the Rubik’s Cube can have that we have committed to giving each of our clients a Rubik’s Cube when we have finished registering their Lasting Powers of Attorney BUT WHY?

The Rubik’s Cube is not only for the younger generations but for ALL of us! Some of the benefits that we have already seen from our voluntary projects include; improved dexterity and coordination, memory improvement as well as a reduction in anxiety, getting social, engagement and socialising with others (and maybe even those that you wouldn’t usually!).

So, what exactly do TLC do?

Not only are we great believers in the positive benefits of the Rubik’s Cube at any age, we are always keen to HAVE FUN!

We give a Rubik’s Cube to each client upon registration of their Lasting Powers of Attorney and have just finished recording our videos that will teach YOU how to solve the Rubik’s Cube in just EIGHT steps!

A Lasting Power of Attorney in relation to your Health and Welfare only comes into effect when you have lost capacity (either physically or mentally, or both) and are unable to make decisions for yourself, whereas a Property and Financial Affairs Lasting Power of Attorney can come into effect immediately upon registration or upon losing capacity, depending on your decision. So, here at TLC we don’t just want to help you in the future…we want to help you now! Hence the Rubik’s Cube. We genuinely believe that the positive benefits of the Rubik’s Cube, learning to solve it and keeping your mind active each day will have lasting effects on your health and wellbeing going forward and so that is our gift to you.

We currently run projects throughout Care Homes and Day Centres to teach people, largely the older generation (we are talking 30plus, so definitely not old!), how to SOLVE THE RUBIK’S CUBE.

We have taken solving the Rubik’s cube and simplified it to open it up to all ages and abilities. Through trial and error, and with the help of a group of elderly participants, we have devised a course of eight sessions with simple videos to accompany them. The videos will be released on FRIDAY 25 OCTOBER and will be available on our website and on YouTube (so, keep your eyes peeled).

Our main aim is to HAVE FUN but solving the Rubik’s Cube keeps the mind active and has already demonstrated that is is key in helping the residents within a Care Home or Day Centre setting to learn (or re-learn) a skill – solving the Rubik’s cube, whilst having the benefits of improving their hand-eye coordination and giving them something a bit different from the norm.

We are keen to explore a link between solving the Rubik’s Cube and stimulating and improving short-term memory (similar to those studies with Sudoku, Crosswords and chess), a symptom of Dementia that is common across most types of the condition. Keeping the mind active has numerous benefits and can keep connections within the brain communicating to improve a person’s daily activities and communication skills.

At present we are often found in Care Homes and Day Centres teaching our lessons on how to solve the Rubik’s Cube, we are currently in talks with an Autism Charity to develop a scheme for them too as the benefits for those with Autism could be just as positive and rewarding!

This is a project we are super passionate about and are always happy to discuss.

If this is something that you would be interested in for yourself,or a group that you are involved in or just want to have a chat or find out more, please do GET IN TOUCH!

And, if Lasting Powers of Attorney is something that you have been thinking about, or putting off, now is a great time to get your plans in place!

Before we go…

We couldn’t write an article about this without mentioning our latest involvement with Rubik’s:

🏆GUINNESS WORLD RECORD🏆

We are so proud to be a part of the Guinness World Record for…

The most contributions to a Rubik’s Mosaic. With 308 individuals contributing to the final mosaic, it was a brilliant achievement!

Thank you so much to Rubik’s Brand Limited and Torgeir Amundsen (Cube Arting) and CONGRATULATIONS!

We absolutely LOVE teaching all generations how to solve the Rubik’s Cube and it was our pleasure to help as many as we could to be involved in the GUINNESS WORLD RECORD! 🧡

Solving the Rubik’s Cube has so many POSITIVE BENEFITS!

If you would like more information, to discuss a project with

a group you are involved with,

or are thinking about putting Lasting Powers of Attorney in place,

call us on 01727 865 121 or email us at info@TotalLegacyCare.co.uk

Leah Waller

Have a Question or
want to book a
FREE Consultation?

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