WHEN IN A CARE HOME IS IT POSSIBLE TO DEFER PAYING FOR YOUR ELDERLY CARE HOME FEES?

We asked Andrew Douglas, Partner at Awdry Bailey & Douglas Solicitors who specialises in elderly care, for his views on this issue?

• Surely you cannot defer payment of fees when in a care home?  It is a fact that if after a financial assessment by the local authority a person is shown to be unable to pay all their care home fees from their income and capital savings (which must fall under the upper capital limit of £23,250) other than through the sale of their home a local authority must offer them a deferred payments arrangement. This takes the form of a mortgage.

• Is there an authority for what you say? Yes, sections 34-36 of the Care act 2014 and The Care and Support (Deferred Payment) Regulations 2014. This is a must requirement by a local authority provided they can obtain a first registered charge against a person’s title to their property or another form of adequate security. If adequate security cannot be provided then in those circumstances a local authority cannot enter into a deferred payments agreement.

• What can be deferred? The amount agreed for care costs plus the local authority’s administration charges and interest.

• How much can be deferred? There is an upper limit which can be deferred and which is 90% of the equity value of the property.  From this value there is deducted the lower capital limit which every person is allowed to keep namely £14,250. When the deferred payments reach 50% of the net equity figure the local authority should revalue.

• Is interest charged? Yes at the prevailing market gilt rate plus 0.15%. Interest is charged on a compounded daily rate basis meaning that interest is rendered on the loan outstanding and accumulated interest.

• When is the loan repayable? It is repayable on the sale or disposal of the property or 90 days after the date of death of the person concerned. Additionally the person concerned can terminate the arrangement at any time.

To know more and for a free appointment to find out answers to the questions that need answering  email Andrew Douglas or his  team on ajd@awdrys.co.uk or call on 0800 072 8636.  Alternatively visit our website www.abdcare.co.uk

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Core Value Awards May 2019

We have this week celebrated the latest round of Core Value Awards here at Awdry Bailey & Douglas.

There were 3 clear winners this quarter and so the Management Team had an easy task to select the winning members of staff.  Each of them have each received a trophy and a £50.00 gift voucher.  They were (in no particular order):-

Louisa Leslie – secretary in our Royal Wootton Bassett Conveyancing Department; and 

Lisa Tugwell - secretary in our Marlborough office Conveyancing Department;

Ashley Cole – Technical support engineer in our Devizes office.

Presentations were made at our various offices this week and all three winners were recognised as having demonstrated the core values of ABD and have done so consistently throughout their time with us.

Here we share a number of the nomination testimonials and comments from other members of staff that formed a part of the nominations for Louisa, Lisa and Ashley:

Louisa Leslie 

Louisa with Partner Tim Hotchkiss.

• Louisa is always more than helpful; nothing is ever too much trouble for her.

• Louisa is very proactive and, whenever there is a quiet moment, will help others instead of waiting for more work to come her way from her fee earner.  

• It is really refreshing to see someone that is eager to be busy.

• Louisa will always go out of her way to help others and never complains about having too much work if other people are out of the office. 

Lisa Tugwell 

Left: Lisa with Partner Tim Hotchkiss.

Right: Lisa with Practice Manager David Turley and Partners Tim Hotchkiss and Alistair Everett.

• Nothing is ever any trouble for Lisa and she is always on hand to help out other members of staff.  

• Lisa is always approachable and helpful to all clients. 

• Lisa is a great team member; nothing is too much trouble for her and she is always first to volunteer even if she is busy.

• I always hear Lisa say “no problem” when asked to do something.

Ashley Cole 

Left: Ashley with Partners Alexander David and Tim Hotchkiss.

Right: Ashley with Technical Services Manager Richard Yeomans and Partner Tim Hotchkiss. 

• Ashley never makes you feel like you’re being a nuisance and does what he can to solve your issues.

• Ashley is always friendly and helpful and always willing to take time to explain things so that we understand.

• From day one Ashley has always been friendly, approachable and willing to help.  

• Nothing is too much trouble for Ashley.  He is very knowledgeable and has picked up our systems extremely quickly.  

We are very fortunate at ABD to have such a fantastic group of people working for us and we are grateful for all of the hard work, dedication and commitment from everyone here. It is the people in the firm that have made it a success and long may that continue.

Dayton Littles Everest Story | October 2018

From October 1st to 18th 2018, Dayton Little, Private Client Senior Practitioner in our Chippenham office headed off on a trip of a lifetime. Here he tells his story...

I have always been a keen walker, although mainly in the UK. I have completed the National Three Peaks Challenge and have a Bucket List of trips I would like to do. So, when the opportunity came up to realise one of these dreams and join a group to Trek up to Everest Base Camp I seized the opportunity with both feet!

After a day of travelling to get to Nepal, and a day’s sightseeing in Kathmandu, we eagerly (with some trepidation) awaited an internal flight to Lukla (known as the most dangerous airport landing in the world). 

Having survived the landing, ahead of us lay 12 continuous days of trekking through the most amazing and diverse scenery imaginable. The plan was to take 8 days to get to Everest Base Camp (incorporating 2 acclimatisation days as we ascended) and then 4 days for the trek back to Lukla and that “interesting” flight back to Kathmandu.

The following days saw us trekking up and down the paths (“flat” doesn’t exist in Nepal!) alongside glacial rivers and through valleys weaving in and out of Yak and mule trains carrying supplies for the villages further up, gradually gaining altitude towards our goal, staying in “tea houses” – local lodges - each night for a welcome meal and hot drink. We started off by walking in trousers and T-shirts through beautiful wooded valleys, which were soon left behind in exchange for more barren terrain surrounded by majestic  snow-capped mountains. As we gained height, the air got thinner making the walking harder and the layers went on as the temperature dropped! 

Our final night in the tea house at Lobuje before the attempt at Base Camp saw temperatures down to -12 degrees, and it was still -6 degrees when we set off the next morning. After 3 hours we stopped at a very basic and barren settlement called Gorak-Shep for breakfast, and then the final 2 hour push to the Everest Base Camp which stands at 5,365 metres (almost £17,500 feet) above sea level. The euphoria and team spirit of reaching our goal was absolutely amazing.

The whole trip was incredible and hard to put into words. The camaraderie of 14 strangers was fantastic and created such a bond that even six months later we are still in touch. The Nepalese people were lovely and so welcoming and our Sherpa Sirdar, guides and porters couldn’t do enough for us – we certainly wouldn’t have made it without them.

IS THE COST OF OBTAINING A DEATH CERTIFICATE EXPENSIVE?

• On the 16th of February 2019 the General Register Office (a Government agency which is part of HM Passport office and controlled by the Home Office) increased the cost of obtaining a Death Certificate by 175% from £4 to £11.

• This increase could be considered to be a stealth tax with its timing being unfortunate in a time of austerity. For the purpose of providing balance to this observation it is only right to say that it is the first increase since 2010 and the cost is set at cost recovery levels only.  Registrars have the power to reduce or waive the cost on the grounds of hardship or compassion.

• What needs to be understood however is that people can require as many as 20 Death Certificates for the purposes of notifying others about closing accounts, arranging a funeral, notifying utilities and other organizations.  This can increase the cost to £220.

• Useful information about obtaining a Death Certificate is as follows:-

a) A person has 5 days to register a death in England & Wales.  If a Coroner is investigating a death you cannot obtain a certificate until the Coroner provides permission.
b) A death should be registered at the Registry office closest to where the deceased died. If this is not possible registration can take place at any other Registry.
c) To obtain a Death Certificate a medical certificate is required from the hospital where the person died or the GP who tended the person.
d) Information that you should take with you to obtain a certificate includes the persons full name, date of birth, NHS medical card or number, marriage or Civil Partnership certificate, Birth Certificate and proof of their address
e) When asked whether you want to register with “Tell us Once” you should say yes because this automatically notifies HMRC, DWP, DVLA, the local council and HM Passport office.

• When the death has been registered you will get a Green Certificate for burial or cremation purposes, plus the certificate and as many copies of the certificate you are prepared to pay for.  Six copies represent a good minimum.  You will also receive confirmation of registration with the “Tell us Once” service if you have chosen to register with them.

• Having obtained a certificate the next things you do include choosing a funeral Director, arrange the funeral and notify others for the purposes of winding up the dead person’s estate.

• The above is an overview only.  For a free appointment and to find out answers to the questions that need answering  and to get the care you or a loved one need email Andrew Douglas or his  team on ajd@awdrys.co.uk or call on 0800 072 8636. We have offices In Marlborough, Royal Wootton Basset, Devizes & Chippenham. Alternatively visit our website www.abdcare.co.uk

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ABD Wolves are ready for The Wolf Run Challenge

Boot camp training has been well underway here at ABD... Led by Practice Manager David Turley, the 17-strong  team of runners, the "ABD Wolves" have been readying themselves since January for the 10K Wolf Run.

Taking place in ancient woodland trails and deep water crossings in Warwickshire, there will be high climbing nets, log walls and the famously fast landslide! Made up of both man-made and natural obstacles, the ABD Wolves will have to run, climb, jump, wade, crawl and swim through the course which is designed to challenge mental and physical strength and skill.

We are delighted to again be raising funds for the fantastic Starlight Children's Foundation who support seriously and terminally ill children all over the country during their time in hospital and hospices. We would love to raise as much money as possible for them, so please head to our SPONSORSHIP page and give what you can to hep this incredibly worthy cause. 

For some further details about the Starlight charity please read on:

Starlight aim to distract children from the pain, fear and isolation they may feel during their time in hospitals and hospices through support, boost boxes full of toys and games to distract them, and organised hospital pantomimes and plays. 

Starlight say that a little fun and distraction can go a long way and help brighten even the darkest days.

ABD announced as WiRE sponsors for 2019

As well as announcing that Awdry Bailey & Douglas are new sponsors of the WiRE  Wiltshire (Women in Rural Enterprise) group for 2019, Rachel Fereday and Georgina Catlin from ABD recently hosted a legal clinic for WiRE members covering aspects of Family, Employment and Commercial Law in order to provide members with a general overview of important considerations for business owners. 

Head of Employment, Rachel Fereday, also presented an Employment Law talk on 'What you need to know about taking on staff'.

WiRE is a national business support network; promoting, supporting and developing its membership of rural businesswomen. Grown from an academic research project based in Shropshire, WiRE is now a national membership organisation, widely recognised as a dynamic and positive force within the economy of rural areas and as the voice of rural women’s enterprise in the UK.

For further information about WiRE and their members please read our profile http://www.wireuk.org/members/georgina-catlin/

For more information on any Employment Law matter; please contact Rachel Fereday on 01380 722311, or for information on any Family Law matter; please contact Georgina Catlin on 01793 853200.

Greatwood Charity Race Day 2019

Head of Conveyancing at Awdry Bailey & Douglas, Ronna Turley, had the pleasure of hosting a 'Ladies Day' at last weekends 2019 Greatwood Race Day held at Newbury Racecourse. 

Greatwood is ABD's local charity of the year  for 2018/19. It is a Marlborough based charity that, via equine facilitated learning, uses rescued and rehabilitated former racehorses to help educate disadvantaged children and young people with Special Educational Needs.

Winnings!

Ronna hosted two tables in the hospitality suite inviting a selection of property contacts and clients.

ABD sponsored the Greatwood Novices' Handicap Hurdle Race (Class 4)(0-120) over 2 miles ½ furlong and also had the honour of gifting a £50 cash prize to the winner of the Best Turned Out Horse Award and a bottle of champagne to the Winning Owner, Trainer and Jockey.

Ronna Turley, Kathryn Roker and Rebecca Vassie awarding prizes to the winning owner, trainer and jockey of the ABD sponsored race.

The horse voted by the ladies as “best groomed horse” for the ABD sponsored race

A great day was had by all, with, we believe in excess of £20,000 being raised on the day.

Some of the ladies in the Royal Box after watching "The ABD Supporting Greatwood Novices' Handicap Hurdle Race" from there

Mac's Theatre School - The Addams Family

Awdry Baily & Douglas had the opportunity to sponsor a page in the programme for the latest Mac's Theatre School production - The Addams Family musical. 

The Devizes youth theatre aims to create and produce theatre that excites, entertains and inspires. Giving young people a real chance to shine, they produce work which truly wows.

The high standard of music, dance and drama that we saw on the evening was truly impressive, with all of the performances being superb. A real hightlight was all 85 members of the cast being on stage together at the same time! 

Solicitors for the Elderly (SFE) urges Wiltshire residents to check eligibility for LPA refund

Heather Wannell Head of Private Client at Awdry Bailey & Douglas is urging people to check their eligibility for a lasting power of attorney (LPA) fee refund, after almost two million people were overcharged by the Office of the Public Guardian (OPG) between 2013 and 2017. Claimants can expect to receive a refund of up to £54, with any accrued interested since the registration was made.

So far, only 200,000 of the 1.8million people owed have claimed their refund, meaning that there’s £77million still owed to customers.

To apply for a refund visit: http://gov.uk/power-of-attorney-refund. The exact amount will depend on when the registration was made, and claims must be made by 1^st February 2021.

An LPA is an important document that gives a loved one the power to make decisions on your behalf when you can no longer do so. There are two types of LPA: a health and welfare LPA, and a property and financial affairs LPA.

Recent research from SFE found that there are only 7% of LPAs in place across the UK, meaning that millions of people are currently unprepared for later life. SFE urges anyone planning for their future to consider setting up an LPA and seek advice from a specialist lawyer.

Lakshmi Turner, Chief Executive of SFE, said: 

“Whilst it’s comforting to know that people are making provisions by putting in place LPAs, millions of families, many of whom may have been going through a tough time with elderly relatives, will have been needlessly overcharged.

“It’s good to see the OPG addressing the error, and with the deadline for applications approaching, we’re urging people to check their eligibility for a refund soon.”

Heather said:

“It takes about ten minutes to claim online. You’ll need the donor’s bank details and a copy of the LPA, if you have it. If you need help or more information about making a claim, there’s a Refunds Helpline you can contact, either via telephone on 0300 456 0300 or email poarefunds@justice.gsi.gov.uk.” 

For more information on Awdry Bailey & Douglas or SFE, please contact Heather Wannell on 01793 853200.

Bath v Newcastle Falcons match day

Awdry Bailey & Douglas were delighted to be match ball sponsor and host a table in the GWW Suite at Bath Rugby for the exciting game against Newcastle Falcons on Saturday 16th February. The match resulted in a fantastic win for Bath with four great tries from Semesa Rokoduguni, England’s Joe Cokanasiga, Will Chudley and Francois Louw which we watched from balcony seating.  The match ended in a 30-13 defeat for Newcastle.

Back Row (left to right):  Steve Harris (Bellamy Wealth Management), Andrew Marshall (Hamptons), Trevor French (Barclays), Chris Cook (Bath Rugby), Tim Hotchkiss (ABD), Bruce O’Grady (MD at Sherbourne Developments), Alex Davies (Bath Rugby), David Milligan (Sherbourne Developments) and Alex David (ABD)

Front Row (left to right):  Alistair Everett (ABD), Phil Dix (Sherbourne Developments), Rupert Lawson-Johnson (Plum UK Ltd – search agent), Jay Greatley (Blaise Commercial Finance) and Jason Hansford (Bellamy Wealth Management)

It was a pleasure to have Andrew Marshall from Hamptons International Marlborough, Trevor French from Barclays Corporate Banking, Bruce O’Grady, David Milligan and Phil Dix from Sherbourne Developments Group Ltd, Jay Greatley from Blaise Commercial Finance, Jason Hansford from Bellamy Wealth Management Ltd and Rupert Lawson Johnston of Plum UK Ltd join partners Alistair Everett, Tim Hotchkiss and Alexander David to enjoy the day.

Buying Your Home

Moving home is an exciting and positive time and our property experts at Awdry Bailey & Douglas are here to make sure that your transaction proceeds smoothly and successfully. We focus on 3 things in our offices;

• working promptly; 
• being pro-active; and 
• keeping in touch with you every step of the way.

To try and make things as thorough as possible for our clients, we have put together a '5-Step Guide to House Buying' setting out the main aspects of a conveyancing transaction.

We know how much of a difference instructing a good firm of solicitors can make and our aim is to make your experience of moving home as straightforward, stress free and easy as possible.

For more information or if you would like to speak to a member of staff in our Conveyancing Department please call  01380 722311.

WE ARE HIRING

Are you interested in being part of a modern and progressive law firm? We currently have some exciting opportunities for support staff here at Awdry Bailey & Douglas.

An enjoyable and supportive working environment is the platform upon which everything else is built. We believe that excellent client service and long term business success can only be achieved by creating a great place to work - and that is what we are offering.

We are seeking an experienced Receptionist to join our Marlborough team and a part time Legal Secretary to join our Litigation team in Devizes.

Receptionist, Marlborough

Salary - Competitive

Office - Marlborough

Start Date - ASAP

Contract - Full Time

Responsible to - The Practice Manager.

Experience - Similar experience will be a distinct advantage.

The successful candidate will be self-motivated and relish the opportunity to take on responsibility working closely with the Partners & Practice Manager.

Litigation Legal Secretary, Devizes

Salary - Competitive

Office - Devizes

Start Date - TBC

Contract – Permanent Part Time (Mon – Fri 9am – 1pm)

Responsible to - The Partners of the firm and the Head of Litigation.

Experience - Applicants must have secretarial experience and be computer literate with Microsoft Office programs. Previous legal experience would be a distinct advantage but is not essential.

To find out more or to apply, please contact Practice Manager David Turley by email at david.turley@awdrys.co.uk or call 01380 722311. Click here for further details about careers at ABD.

Attitude and character are the most important things.  We value knowledge and experience and of course they play a central role in providing great client service but your overall approach to life, work and the ability to build strong business relationships with clients and colleagues will really determine how successful you are.  That's why positive, helpful, enthusiastic people do well here and it's certainly the right environment for you if you have a wider view of life.

Core Value Awards | second quarter 2019

Awdry Bailey & Douglas are delighted to announce the winners of the firms second quarterly Core Value Awards. 

With 32 nominations in total, the Management Team had yet again a challenge on their hands to pick three members of staff this quarter.  However, there were three clear winners who have each received a trophy and a £50.00 gift voucher. They were (in no particular order):-

Rebecca Davis

Kathy Todd

Nicola Hunt

Presentations were made at our various offices last week and all three winners were recognised as having demonstrated the core values of ABD and have done so consistently throughout their time with us.

Here we share a number of the nomination testimonials and comments from other members of staff that formed a part of the nominations for Rebecca, Kathy and Nicola;

Rebecca Davis

Above: Rebecca and Head of Conveyancing Ronna Turley
Below: Rebecca and the Management Team

• Becky regularly goes beyond the call of duty.  
• She takes great pride in her work and is an immensely integral part of the team here in Chippenham. 
• Always willing to go above and beyond to assist, has a “can do” attitude and undertakes all tasks with a smile.
• At all times a great influence on the office and an asset to the firm. 
• Firstly, her singing!!
• She is so helpful and I never worry about asking as I know she won’t mind and will do her best to assist if I have queries or problems.  It doesn’t matter if she is really busy, she will still help.

Kathy Todd

Above: Kathy and Partner Tim Hotchkiss
Below: Rebecca and the Management Team

• Kathy’s work ethic is incredibly strong and her productivity levels are second to none.  
• She is instrumental in ensuring that that Commercial Department in Marlborough runs effectively, both in terms of output and in the assistance she gives everyone else in the team.
• Her organisational skills are very good and if she perceives a problem (for example with IT) she is proactive in being the person to resolve it. 
• Her work ethic really is unparalleled.  
• Her attention to detail is absolutely superb and she works incredibly well under what can often be intense pressure.
• She is one of the most productive, proactive and efficient secretaries that I have ever come across and is always willing to assist others.   

Nicola Hunt

Above: Nicola and Head of Conveyancing Ronna Turley
Below: Rebecca and the Management Team

• She takes on the additional role of file retrieval which adds to her workload yet she still has a smile on her face. 
• She recently led a team representing ABD in the local Christmas tree competition at the church. 
• Nicola is always on hand to organise any team building lunches and the like and organised secret santa this year as well.
• Nicola is positive, friendly and always on hand to help anyone, from fee earners to reception.
• Nicola continuously demonstrates total commitment to the firm and her colleagues.

We are very fortunate at ABD to have such a fantastic group of people working for us and we are grateful for all of the hard work, dedication and commitment from everyone here. It is the people in the firm that have made it a success and long may that continue.

Chippenham Business Awards 2019 | Finalists announced

After the huge success of the last two years, Awdry Bailey & Douglas are proud to once again be returning as the title sponsors of the Chippenham Business Awards 2019. 

Taking place on Thursday 21st February, the largest B2B event in Chippenham will celebrate the achievements of businesses in and around Chippenham as well as raise the profile of Chippenham as a place of thriving independent and global business.

The 12 judges met last week, and after much deliberation decided upon the finalists in each category. We look forward to bringing the business community of Chippenham together to celebrate our local talented individuals and businesses.

So, without further ado, here are your 2019 finalists:

SMALL BUSINESS OF THE YEAR

City Dressing

Fab-Bricks Ltd

South West Business Finance

BEST PLACE TO WORK

Alliance Pharmaceuticals Limited

Nimble Care

Pillow May Ltd

GREEN AWARD

Aaron & Jonathon Bewley Funeral Directors

Digiprint Nettl Chippenham

SMARTech energy Ltd

APPRENTICE OF THE YEAR

Emma Benson, MJ Church (Plant) Ltd

George Fenne, Alliance Pharmaceuticals Limited

Hannah Knight, Hughes and Hughes Estate Agents Ltd

CHARITABLE BUSINESS OF THE YEAR

Chippenham & District Constitutional Club

J Sheppard And Son Ltd

Waste Not Want Not

CUSTOMER SERVICE AWARD

Avagio ITS Ltd

Nimble Care

The Reel Cinema Astoria

HOSPITALITY OR FOOD AND DRINK BUSINESS OF THE YEAR 

Jolly’s Irish Cafe

Ninjō Noodle Bar

Three Crowns

INDEPENDENT BUSINESS OF THE YEAR

Aaron & Jonathon Bewley Funeral Directors

Fab-Bricks Ltd

The Squeeky Cleaners

LIFETIME ACHIEVEMENT AWARD

The winner of this award will be announced during the awards ceremony

CHIPPENHAM BUSINESS OF THE YEAR

The winner of this award is a “winners winner” – an entrant whose entry stood out to the judges as an excellent example of business in the Chippenham area

For more information about ABD, or if you require any legal advice, please contact Tom Paget at our Chippenham office on 01249 478333 or by email tom.paget@awdrys.co.uk

For more information about our services please visit our website www.awdrys.co.uk

More information on the Chippenham Business Awards please visit the following website http://chippenhambusinessawards.co.uk/