Power of Attorney Solicitor Hertford

If you are looking to prepare a power of attorney it is important to consult a specialist who can discuss all of the relevant options with you; give you accurate advice on the implications of each decision and guide you through the process from start to finish.

We are proud to have two solicitors who specialise in powers of attorney, both of whom are Dementia Friends and members of Solicitors for the Elderly. 

We offer fixed fees on all power of attorney packages so that you know exactly what you have to pay with no hidden extras. Our office is in Hertford and we have parking available, but if it is more convenient for you we also offer free home visits within a 20 mile radius. If needed we are happy to arrange to see you outside of office hours. 

There are different types of power of attorney:

• General power of attorney - usually used as a short term measure, for example if you are going abroad for a long trip and need some matters dealt with whilst you are away.
• Property and financial affairs lasting power of attorney (LPA) - this is a document that authorises your chosen attorneys to act for you even if you lose mental capacity. You can allow them to do anything with your money and property that you yourself can do, or you can restrict the way in which they can act for you. 
• Health and welfare lasting power of attorney - this document also allows your attorneys to make decisions for you if you have lost mental capacity. It covers the care and treatment you receive, and you can also decide whether or not you wish them to be able to make decisions in relation to life sustaining treatment on your behalf. 
• Enduring power of attorney (EPAs) - this was the document used until 2007 to give attorneys authority to act even after you had lost mental capacity. Since 2007 it has not been possible to create new EPAs, but valid documents created before that date are still valid. 

For more information or for details of costs please see our website http://www.gardenhousesolicitors.co.uk/powers-of-attorney-and-court-of-protection.html or call us on 01992 422128 to arrange an appointment. 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Inheritance Tax: Additional tax free allowance for homeowners from April 2017

It was announced in the Summer Budget last month that an additional nil-rate band will be available from April 2017.

The extra allowance will be exclusively available to estates where the deceased dies on or after 6 April 2017 and their residence is passed to one or more direct descendants. In other words, if your children, stepchildren or grandchildren inherit your home on your death, your estate will benefit from the additional allowance.

The additional allowance will be £100,000 in 2017/2018 and this amount will increase by £25,000 each tax year until 2020/21 when the additional allowance will be £175,000.

The current position is that when you pass away, the net value of your estate is calculated and everything over the value of the nil-rate band (currently £325,000) is taxed at the rate of 40%. This is subject to various exemptions and reliefs, for example anything left to a spouse or civil partner will pass tax free.

What are the implications of leaving somebody out of your will?

Article by Chris Lucas

In England and Wales, we enjoy the right of testamentary freedom, which is the right to make a will and leave your estate to whomever you wish. 

There is however an important law to consider before you decide to write somebody out of your will. This is the Inheritance (Provision for Family and Dependants) Act 1975 which will apply if you die domiciled in England and Wales. This law will enable certain categories of people to bring a claim against your estate if you do not ‘reasonably provide’ for them in your will. 

A recent ruling hit the headlines just this week, whereby a woman who was cut out of her mother’s will successfully claimed £164,000 from the estate, despite the fact that the will left the whole estate worth £486,000 to animal charities and the deceased had clearly expressed previously that she did not want her daughter to receive a penny of her estate.

Making substantial gifts to children: How this might affect their inheritance

Article by Chris Lucas

You may be interested to know that if you make a particular type of gift to one or more of your children during your lifetime, this could affect your children’s inheritance under the terms of your will.

The type of gift referred to here is known as a ‘portion’. A portion can be described as a substantial gift (usually of money) from a parent to a child which is made with the intention of establishing the child in life or making permanent provision for them.

A typical example of a portion would be giving one of your children a sum of money to be used as a deposit towards buying their first home. Whatever the gift might be, the key requirements for it to be considered a portion are as follows:

1. The gift must be from a parent (or a person acting in loco parentis i.e. someone who has assumed parental responsibility) to a child.
2. The gift must be substantial in value - what ‘substantial’ means will depend on the circumstances and can be open to interpretation, but generally speaking, any gift of £20,000 or more is most likely to be considered substantial.
3. The gift must have the effect of establishing the child in life or making permanent provision for them e.g. deposit for a first home or sum of money to enable the child to start up their own business.

If you have already made a will, then it is important to be aware of the potential effect of portions when you subsequently pass away. Essentially, any portions made during your lifetime after you have made your will can have the effect of ‘satisfying’ legacies left to your children under the terms of your will. This is known as the presumption against double portions.

Jointly owned property – The benefits of including a Property Protection Trust in your will

If you own property with somebody else, you will probably be aware that there are two ways of owning property jointly: as joint tenants or as tenants in common.

‘Joint tenants’ means that the co-owners own the whole property together. If one co-owner dies, the whole property passes to the surviving co-owner(s) by survivorship. This tends to be the most common form of co-ownership.

 

‘Tenants in common’ means that each co-owner owns a share of the property. This might be in equal or unequal shares. When a co-owner dies, their share will form part of their estate and therefore pass under the terms of their will (or under the rules of intestacy if the individual has not made a will).

Team Bonding Days

Are team bonding days’ worth it or just ‘forced fun’.

At Garden House they are definitely ‘fun’ and absolutely not ‘forced’!

Our motto is ‘work hard/play hard’ as you can see from this picture.

We believe that team building is a positive exercise that fosters trust and kindness.  It creates gelling of the team, pulling together during tough times and sharing the workload which transfers to the workplace.

We certainly intend to have many more and suggestions are very welcomed.

Article by Patricia Ling

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

What is a discretionary trust?



Article by
Chris Lucas



A discretionary trust is a trust set up whereby the trustees are given discretion over the trust fund, typically with regard to the payment of trust money to one or more beneficiaires. 

Who are the legal owners of the trust fund?

The trustees are the legal owners of the trust fund which can comprise of any assets, such as money, land or buildings.

What 'discretion' do the trustees have? 

Normally, the trustees will be able to decide how to use or invest the trust assets in the interests of the beneficiaries and how the trust fund should be distributed between the beneficiaries if at all.  Quite often, the person setting up the trust will have prepared a 'letter of wishes' to the trustees setting out how they would like the trustees to exercise their discretion. The extent of the trustees' discretion will depend on the terms of the trust.

Why use discretionary trusts?

One reason may simply be to allow the trustees flexibility to pay different amounts of income or capital to different beneficiaries. This can be useful if the future needs of a beneficiary is not known; for example a grandchild who may require greater financial assistance in the future.

Discretionary trusts are also particularly useful if one or more of the beneficiaries are not capable or responsible enough to look after money for themselves.  Common examples of this include a child or adult beneficiary with severe learning disabilities. In relation to the latter, particularly where a vulnerable beneficiary is in receipt of means tested benefits, a discretionary trust will enable the trustees to pay money to that beneficiary as and when required in such a way that the arrangment will not affect the beneficiary's entitlement to benefits. This is because the beneficiary would have no beneficial right to the trust money, rather a mere chance that the trustees might exercise the discretion in their favour. The situation would be very different in the case of a bare trust, where the beneficiary would have an absolute right to the trust fund.

Care funding – the proposed reforms and how they will affect you

Article by
Chris Lucas

Care funding might seem like a confusing topic, but it is an issue which is likely to affect many of us at some point in our lives. If you or a loved one is going into residential care, it is advised that you seek advice early on. Lack of planning can result in the depletion of assets which can have a big impact on the inheritance for those loved ones left behind.

The present position

If you are in need of residential care, the current position is that you will be required to pay the full cost of your care for as long as you need it if you have assets worth over £23,250. This is known as the means test threshold. If your assets are worth less than £23,250 but more than £14,250, you will be required to pay a contribution.

What are the proposed reforms?

Earlier this year, the government set out reforms to adult social care funding which are due to be implemented in April 2016. These reforms can be broadly summarised as follows:

• A cap of £72,000 on the total amount any individual will have to pay for their care, meaning that after this amount has been paid the local authority will step in and meet the costs;
• Deferred payment arrangements to ensure that no one will have to sell their home in their lifetime to pay for their care;
• Increasing the means test threshold from £23,250 to £118,500, meaning that those with assets worth less than £118,500 (as opposed to £23,250) will be entitled to some financial assistance from the local authority.

These plans appear to be a considerable step forward and the idea of capping care costs is likely to be welcomed by many. However, the reality is not so simple…

Personal injury trusts – what’s the story?

 

Article by
Chris Lucas

I have just settled a personal injury case for one of my clients who had an unfortunate accident whereby a barrel was thrown onto his leg causing a significant trauma injury with various other complications. The case settled for a five figure sum and was actually the highest award I have ever achieved for one of my own clients in my career as a trainee. Given the amount of compensation my client is due to receive, I have advised him to give careful consideration to setting up a personal injury trust.

What is a personal injury trust?

A personal injury trust is a legal arrangement whereby the compensation awarded from a personal injury claim is held and controlled by people chosen by the injured client, the ‘trustees’. The trustees’ responsibility is to look after the money and use it for the benefit of the injured client, the ‘beneficiary’.

Can’t I just pay my compensation into my bank account?

There are a number of reasons why we would advise any client receiving a large amount of compensation to set up a personal injury trust. The most common reason is that if you are in receipt of means tested benefits, the money you have will be taken into account. The threshold is that if you have over £6,000, your entitlement to benefits will be affected. In addition, if you currently receive or will need Community Care Support at some point in the future, having a large sum of money can lead to your support costs increasing significantly.

What if I just spend my compensation quickly?

Your entitlement to benefits could still be affected if you do not act in a way which is considered reasonable. Spending your compensation all at once on a shopping spree or using the money to pay off your mortgage are examples of where the Benefits Agency might conclude that you have attempted to defraud the system and you could be penalised as a result.

999



Article by
Chris Lucas



It is important that nurses and other hospital workers are aware of the occupational hazards of working in hospitals and the duties owed to them by their employers. We have received many enquiries from nurses who have been involved in different kinds of accidents ranging from slips, trips and falls to unsecured equipment falling from walls in hospitals and x-ray machines being rolled over nurses’ feet.

Needle stick injuries are also an occupational hazard for nurses and other healthcare workers. According to the Health Protection Agency’s fourth Eye of the Needle report, there were 541 reports of needle stick injuries which exposed healthcare workers to patients carrying blood-borne viruses in 2011 alone.

Other hazards facing nurses include:

-          Exposure to x-rays

-          Handling of cytotoxic drugs

-          Exposure to infections

-          Splashes of chemical or bodily fluids into eyes

-          Back injury as a result of moving and handling patients

-          Assaults on nursing staff by violent patients

Both the NHS and private hospitals have duties to maintain safe systems of work and ensure that workplaces are safe for their employees. Of course, accidents do happen. If you are a nurse or healthcare worker who has suffered an injury at work, please do not hesitate to contact me for further advice.

You can call me on 01992 422 128 or email me at chris@gardenhousesolicitors.co.uk.

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Don't Get Captured!

Your case could be under settled, you could be charged a fee and you could lose compensation.


Article by
Chris Lucas

It’s an unfortunate reality that accidents happen. Car accidents, accidents at work, accidents in public places: the one thing that they all have in common is that they can cause injury, create inconvenience and in some cases change people’s lives forever.

If you suffer as a result of an accident which is not your fault, you will usually be entitled to claim compensation from the liable party. For this, you will often need a solicitor. Many people will already know this, perhaps from information they have read on the Internet, adverts they have seen on TV or their basic knowledge of English law.

What you may not know is that many personal injury law firms, particularly larger ‘factory’-type firms, buy their cases from third party companies known as referrers. A referrer could be your own insurance company: for example, if you have a personal injury claim and legal expenses cover as part of your policy, your insurer may refer your case to a panel firm of solicitors. Another type of referrer is a claims management company (or CMC for short): these companies buy and sell data and they make their money by obtaining information from injured clients and selling their cases to panel firms. The access some CMCs have to data can be surprising and they will often bombard clients with calls and put a lot of pressure on them to sign up as their representatives will often be working on commission.

The panel firms which pay referral fees for their cases are typically costs-driven, they churn over high volumes of work (much of it low value) and they often implement standard practices across the board. The culture of these firms is therefore much like a factory rather than a traditional law firm, which is why we refer to them as ‘factory’ firms.