How to increase your Inheritance Tax Allowance to £1million

We work hard for most of our lives to provide an inheritance for our loved ones and so wanting to increase our Inheritance Tax Allowance (reducing the amount paid in Inheritance Tax) is a considerable concern for many.

Inheritance Tax is payable at 40% upon death where an estate exceeds the Inheritance Tax Allowance, this is legally termed the Nil Rate Band (a personal allowance, that each individual is able to gift, upon death, without attracting any Inheritance Tax – for 2020/21 this is £325,000 per person).

So, how do we increase £325,000 to £1million?

So, as we now know, each person is entitled to pass £325,000 (2020/21) to their beneficiaries without paying any Inheritance Tax AND…

Where you are passing your residential property to a direct descendent (children, grandchildren, great-grandchildren, step-children, adopted children or foster children), you can claim an additional allowance, called the RESIDENTIAL NIL RATE BAND, giving you an extra £175,000 (2020/21) to pass to your beneficiaries (if they are direct descendants), without paying any Inheritance Tax.

Thus increasing your Inheritance Tax Allowance to £500,000.

So, where does the other £500,000 come from?

Your NIL RATE BAND (£325,000) and RESIDENTIAL NIL RATE BAND (£175,000) is transferable between spouses and civil partners.

This means that if your partner passes before you and leaves their entire estate to you, then upon your death you will have the benefit of their Nil Rate Band and, if they had a Residential Property in their Estate, their Residential Nil Rate Band.

Thus, increasing your Inheritance Tax Allowance to £1million.

It is worth bearing in mind that if your estate is worth more than £2million then you lose the right to claim all of the Residential Nil Rate Band; for every £2 over the £2million valuation, you will lose £1 of the Residential Nil Rate Band.

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact 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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16th April 202023rd April 2020

We will review your Will…for FREE!

We will review your Will...for FREE!

So, you have a Will in place…GREAT!

But…it was made 5, 10, 15 (plus!) years ago?

How much has changed since you made your Will…and we are not just talking about the situation that we now find ourselves in with COVID-19. We are talking changes in family dynamics, change in assets, moving house, having children, grandchildren, maybe even great-grandchildren!

Does your Will still do what you want it to and most importantly, does it ensure that everything that you have worked so hard for, goes to where YOU want it to?

We offer a FREE Will Review to check just that, and talk through anything that may be missing.

Just to be clear…this Will Review is COMPLETELY FREE and there is absolutely no obligation or follow up from us (unless you want it, of course!).

We always recommend reviewing your Will every 2-5 years, as so much can change in that time. If your Will is still doing what you want it to then, great, put it back safely to where it is stored and review again in a couple of years.

So, what are some of the key areas that you should be thinking about when deciding upon whether to review your Will?

EXECUTORS

Are the people that you have appointed to

administer your Estate (your Executors) still the people that you want to be in charge?

This may change over time, as people get older and relationships change. When you first made your Will, you may have appointed parents, who may now be too old to take on such a responsibility, perhaps your siblings or even adult children may be better placed to take on this role?

GUARDIANS

Guardians are put in place within your Will as

the designated person, or people, to legally take care of your children if you are no longer around to be able to do so. When reviewing your Will it is worth considering who you have in as your Guardians, much like Executors, you may have appointed parents, who may now be too old to take on the role, perhaps your siblings or close friends may be better placed?

BENEFICIARIES

Your Will is your chance to ensure that

everything you have worked for, goes to those YOU want it to and that may well change as you grow, circumstances change and new additions to the family come along. Reviewing your Will can ensure that those beneficiaries that you want to inherit, WILL.

INHERITANCE TAX PLANNING

Are there provisions and planning that can be

done now, or in the near future, to reduce your Inheritance Tax liability later on?

TRUSTS

Trusts allow you to protect your assets and

ensure they are looked after for the beneficiary or beneficiaries.

DISABLED TRUSTS

Are you leaving money to a Vulnerable Person (a minor or an adult)? This could affect their means-tested benefits should they receive a substantial inheritance and so a Disabled Person’s Trust may be worthwhile considering to mitigate this.

CARE HOME FEES

Is there planing that can be done now to protect your Home from Care Home Fees should care for you or your spouse/partner be necessary in the future?

There are so many decisions to think about and choices to make, but don’t let that put you off!

We can help you through any queries that you have and make things as simple and easy as possible.

ENSURE YOUR WILL DOES WHAT YOU WANT IT TO

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

Leah Waller

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6th February 202023rd April 2020

When should I get a Will?

When should I get a Will?

We often get asked…

“Do I really need a Will, won’t everything just go to my children/husband/wife?”

Well, sadly it isn’t as simple as that (not many things are!).

You may have seen our flowchart of what happens if you die without a Will (also known as intestate) but here it is again:

So, as you can see, it is not as straightforward as you may have hoped.

It is not something we can predict (that is, when our time is up) however, it is something that we can plan for!

So, some of the stages in your life that you may want to consider putting a Will in place (if you haven’t already!) or reviewing your Will are:

Buying a Property

Whether you are buying a property to live in yourself, with someone else, or to rent out and use as an income, it is important to consider how that house is owned (solely, as Joint Tenants or as Tenants in Common) as this will have a bearing on what happens to the property upon your death.

If you are able to gift the property on your death (or part of the property) then your Will will determine exactly what happens to that property and who inherits.

If you are in doubt about how a current property of yours is held, or what consequences that has, please do get in touch and we can help.

Getting Married

When you get married, if you have no children and no Will in place, then everything will pass to your spouse upon your death.

However, when you have children, the first £250,000 (including the value of any property owned solely by you or as a Tenant in Common) will pass to your spouse along with all your possessions and the remainder will be split with your spouse receiving an interest in half and the remaining half being split equally between your children.

This may not be what you would want to happen and so making a Will is important.

Equally, where you marry for a second (or subsequent) time, you may want to protect some of you previous earnings and assets for children from a previous marriage or to dispose of in another way, rather than it all passing to your new spouse and so this is where a Will is extremely important.

A Will also becomes void on marriage (unless the Will states the intended marriage), this is something you need to consider and something that is not commonly known.

Becoming a Parent

We have discussed above how your assets are divided if you are married, have children but do not have a Will.

If you have children and are not married, then your assets are split equally between your children in the first instance.

There is no such thing as a ‘common-law husband or wife’ in relation to inheritance and so even if you have been ‘living as married’ your partner will not be entitled to any inheritance (unless they proceed with a lengthy legal claim under the Inheritance (Provision for Family and Dependants) Act 1975).

A Will allows you to put Trusts in place for your children so that you can set the age at which they inherit (rather than them inheriting at 18) and also allows you to provide for any vulnerable children that you may have, such as those with disabilities to ensure that their money is looked after and also doesn’t have any impact on their benefits in the future.

Another important aspect of a Will when you are a parent, is appointing Guardians!

Appointing Guardians in your Will gives you the opportunity to appoint the people that you trust to look after your children, and bring them up, should you no longer be around to do so. This saves any lengthy court cases and prevents the children from having to go into care or into the control of the Local Authorities whilst Legal Guardians are found for them.

These are just a few milestones that may trigger the need for a Will, we would encourage everyone over the age of 18 to get a Will (of course we would!) but apart from anything else it just means that you have peace of mind knowing that everything will be as YOU want it, and it removes that burden from your loved ones at what will already be a terribly difficult time for them.

How difficult is it to make a Will?

The process is quite simple, an initial meeting where we discuss your needs and take instructions should take no longer than an hour. Your Will writer can then draft the documents and arrange another meeting to sign everything off and make it legally valid. The process can be completed in just a few days depending on how complex your Will may be.

If you have any questions, would like to consider putting a Will in place or a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

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

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2nd October 201923rd April 2020

Wouldn’t it be great if we could predict the future?

Wouldn't it be great if we could predict the future?

We all have busy lives and so sometimes just predicting what today is going to ring is an achievement, let alone way into the future! It would be great though, wouldn’t it 😉

Unfortunately, none of us know what is just around the corner and so planning for it is key. That is where Lasting Powers of Attorney (LPAs) come in! LPAs are relevant during your lifetime and ensure that someone that you trust and have appointed as your Attorney can act on your behalf when you are unable to. Check out our article, Why Do YOU need an LPA? 5 reasons YOU should put your LPA in place for more information on LPAs.

We all know that age is going to hit us hard at some point but that ‘point’ is way off in the future, right? Unfortunately, this may not be the case…

Just looking at a few celebrities, we can see that an LPA may be needed a lot sooner than we would have hoped!

Chris Tarrant was just 67 years of age when he suffered a stroke that led to an emergency operation and ongoing rehabilitation to help him to regain his speech and physical movement.

Michael Schumacher was only 44 years old when a skiing accident resulted in him being placed into a medically induced coma (for six months!) and suffering life-threatening head injuries.

Micahel Schmacher is a father of two children, who were aged just 14 and 16 at the time of the accident.

Richard Hammond was involved in an awful car accident whilst filming for Top Gear at the age of just 37 causing major brain damage after being in a coma for two-weeks, this also led to significant memory loss and depression.

However, it is not just celebrities that this happens to and when we take a look at the facts, they are hard-hitting! Just a couple of statistics for you:

Every 90-SECONDS, someone in the UK is admitted to hospital with a brain injury;
Every THREE-MINUTES, someone in the UK is diagnosed with Dementia (and this is not just a condition that affects those over 65!);
Every FIVE-MINUTES, someone in the UK suffers from a stroke;
One in Six people within the UK will have a stroke during their lifetime;

So, enough of the doom and gloom….

What can we do to ensure we are protected, plan for our future and our family’s future and give us some much needed peace of mind?

The answer is a simple one…. Get your Lasting Powers of Attorney in place whilst you still have capacity to do so!

There are two types of Lasting Power of Attorney:

Health & Welfare Lasting Power of Attorney; and
Property & Financial Affairs Lasting Power of Attorney.

(to find out more about these check out our article Why do I need an LPA?)

An LPA allows you to appoint an Attorney, or Attorneys, to make decisions for you, and on your behalf when you are unable to. This could just be a temporary measure due to a temporary loss of capacity either physically or mentally or a more permanent arrangement.

You can give your Attorneys guidance and state your preferences, should you choose to do so, within your LPAs and set out the extent of the power that you want your Attorneys to have.

So, what if you don’t get around to getting these all important LPAs in place?

If you do not register LPAs whilst you have the capacity to do so then you lose control to a certain extent as it is then for your loved ones, or a professional, to apply to the Court of Protection for a Deputyship Order in order to manage your financial affairs on your behalf.

This process is costly – a court fee of £385, not to mention legal fees if you seek legal advice and potentially a fee for a professional to verify your lack of capacity to support the application being made, and timely – the application can take around 4 months to be granted from the date of submission however, if there are objections made to the application then this process can take 9-12 months!

Once you have lost capacity you lose the ability to choose who you want to appoint to manage your affairs for you and ultimately the choice is left to the Court of Protection – this may not be who you would have chosen had you been able to make the choice yourself.

You also lose the opportunity to give guidance to your appointed Attorneys and advise of your preferences.

In relation to your health and welfare, if you do not make an LPA to cover this whilst you have the capacity to the Court of Protection will be reluctant to appoint a Deputy in relation to your healthcare decisions unless the circumstances are extremely complex. Again, meaning you lose the control to appoint who you trust to make decisions on your behalf.

Getting an LPA in place doesn’t have to be complicated, time consuming or expensive and can ensure that you have peace of mind and take the burden away from those closest to you.

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

Leah Waller

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4th September 201928th October 2020

What happens without a Lasting Power of Attorney?

Court of Protection:
What happens without a Lasting Power of Attorney?

So, we tell you all the time how important WE think it is to have an LPA in place and it is never too early (once you’ve hit 18 of course!) to get one in place, BUT WHY?

Well, put simply if you don’t have a Lasting Power of Attorney in place and you lose capacity or are unable to make decisions for yourself (whether temporarily or on a more permanent basis) then you will need to have a Deputy appointed by the Court…as you can imagine, this is not a quick process nor is it cheap!

So, let’s take a look at exactly what is involved in obtaining a Deputyship Order, what it means and how you can ensure you are covered.

Just in case you have missed our other articles on Lasting Powers of Attorney (LPAs); there are two types of LPA, one to cover your property and financial affairs and another that will cover your health and welfare decisions. An LPA can only be put in place by you when you have capacity to do so to allow someone to act for you, step into your shoes if you like, when you are unable to do so. The property and financial LPA can be used by your Attorney (if you want them to) at any time after it has been registered, not just when you lose capacity!

However, what happens when you haven’t yet got around to putting an LPA in place and you lose capacity?

Well let’s take a look at what happens to your property and financial affairs first…

An application will need to be made to the Court of Protection to appoint a Deputy to look after and manage your finances and property, once you have lost capacity and are unable to do so, BUT…

Once you have lost capacity, you also lose the THE CHOICE of who you want to handle your property and financial affairs.

Once you have lost capacity, it is for the Court of Protection to decide who is best to handle your affairs for you…this may not be the person that you would have appointed.

The Court of Protection will choose a Deputy that they think is suitable to manage your affairs and although your past and present feelings may be taken into consideration this is difficult once capacity is lost.

It will be down to your loved ones to apply to the Court of Protection for the Deputyship Order and this can be a huge burden that you wouldn’t want anyone to endure, let alone those closest to you.

The list of those eligible to apply for a Deputyship Order is quite extensive and includes one of your relatives, a close friend, a professional or anyone that has an interest in you and your affairs. However…this doesn’t change the fact that you have no control over this and that you are leaving it up to one of your loved ones to make the application and for the Court to decide whether they are deemed suitable to act as your Deputy.

The power that the Court appointed Deputy has will be limited to what is stated within the Deputyship Order. This may not be as far reaching as an LPA would allow and so it may well be necessary to return to Court to have this extended.

An LPA allows you to set out any restrictions, preferences and guidance that you want to leave for your appointed Attorneys, you will be unable to do so in a Deputyship Order.

To make the application to the Court of Protection, a fee of £385 (current rate in 2019) is also payable to the Court.

This does not include any legal fees and so if you seek legal advice or assistance in completing and submitting application, this will be an additional cost.

There may also be fees that are payable to the professional that has to verify that you no longer have capacity and thus require a Deputy to be appointed.

In addition to this, there are annual fees payable to the Court of Protection for Deputyship Orders.

As you can imagine, some of the decisions in relation to your financial affairs are pretty time sensitive. However, an application for a Deputyship Order usually takes 3-4 months to be made, from the date that the application is submitted. This is where there are no objections to the application, this can be much longer, and very different, if any objections are raised.

Where objections are raised and the matter has to be heard before a Judge, the process can take nine months or longer to conclude

For Health and Welfare matters, things are a bit more complex.

If you have not made an LPA in relation to your Health and Welfare prior to losing capacity then it is quite rare for the Court of Protection to appoint a Deputy for you in relation to these matters.

An application can be made, again to the Court of Protection, in much the same way as it is made for a Deputyship Order in relation to your property and financial affairs but are usually only appointed in complex circumstances.

Again, meaning that you lose the control and choice to appoint who you want to be able to make those decisions on your behalf and also lose the ability to put preferences and guidance in place for your Attorneys to take the decisions that you would have made had you been able, and had the capacity, to do so.

THE PROCESS…

Let’s take a brief look at the process for applying for a Deputyship Order for those situations where an LPA hasn’t been registered prior to losing capacity.

We briefly mentioned (above) that the list of those that are eligible to make the application for a Deputyship Order is quite extensive, but in order to be successful, the applicant will need to show that they have a good knowledge of your finances and property affairs and will also have to demonstrate, with verification from a professional, that you no longer have capacity to make decisions in relation to your own financial and property matters.

Upon making the application to the Court of Protection a Court Fee of £385 Present 2019 rate) is also payable, whether successful or not. An additional fee may be charged by the professional that verifies your capacity. If the applicant seeks legal advice and assistance in completing and submitting the application to the Court of Protection, this will incur additional fees.

There are also ongoing fees, paid annually, to the Court of Protection in relation to Deputyship Orders that are made.

The application will then be accepted and issued by the Court of Protection and the applicant will need to serve a copy of the application on all those that they believe have an interest in the application being made and those directed by the Court and within the Court Guidance (known as the Respondents).

The Respondents are then given an opportunity to respond to the application.

If no objections are received to the application from any of the Respondents then the Court of Protection will make a Deputyship Order and this is usually done within four months of the application being submitted.

However, if any objections are received then a Hearing will be listed in front of a Judge to consider the matter and the objections. This will not only delay the Deputyship Order being made but will also increase costs as it is likely that legal representation and advice will be required. The time and expense will differ depending on the number of parties involved and the number, nature and complexity of the objections.

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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