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