John Toule Wills

Working with you to secure your future

Thursday, Apr 29 2010

Very Interesting Article from Mail Online
Lawyers charged frail Alzheimer’s couple £44,400
By Liz Phillips

An elderly, frail couple were charged a swingeing £44,400 by lawyers who handled their simple finances for four years when they were no longer capable of looking after themselves.

Their case exposes a gaping loophole in the legal system, which leaves the elderly at the mercy of greedy solicitors who, relatives fear, can charge what they liked, while the family is powerless to intervene.

Feliks and rosemary Zakrzewski developed Alzheimer’s disease in 2005.

They went to live with their daughter Antoinette Tricker and her family in Suffolk.
But because there was no Power of Attorney set up allowing her to act for them, the Court of Protection appointed a solicitor as their receiver to take charge of their financial affairs.

The family was then helpless because the solicitor is answerable only to their client – in this case, a couple with Alzheimer’s – who did not understand what was happening.

There are 22,000 deputies (the new name for receivers) looking after the affairs of those who lack the mental capacity to act for themselves. They don’t have to be solicitors; they can be family members, friends or the local authority.

In the Zakrzewskis’ case, the solicitor’s first act was to take away their savings book, leaving them with only £100 each as spending money for four months.

Mrs Tricker, 58, says: ‘The loss of independence nearly drove my father over the edge. He took to offering his asthma nebuliser to passing strangers to raise cash.’

Meanwhile, for handling their simple affairs, the solicitor ran up charges of nearly £19,000 in just ten months, charging £200 an hour, while giving Mrs Tricker just £70 a week to pay for her parents’ living costs. All they had were their savings and a flat in Dorset to sell.

Guidance on Court of Protection costs states that general management costs are ‘unlikely to exceed’ £3,000 a year. Since Mrs Tricker was not the client, her complaints to the solicitor and requests to see the bill could be ignored, while her parents’ estate was being drained.

‘After ten months, I had to beg the Office of the Public Guardian, which oversees receivers, to intervene,’ she says.

A new solicitor was appointed as the receiver in 2006, bringing the final total to £44,400.
Her father died in 2007 aged 88 and her mother died last year aged 89. Although families can complain to the Court of Protectionif they feel someone is abusing-their powers, it is difficult to gather evidence without access to bills and bank statements.

Caroline Bielanska, chairman of Solicitors for the Elderly, says: ‘Without evidence, the only way is to go to the Office of the Public Guardian. They do an immediate risk-assessment to work out if there is cause for complaint and then examine the case. The majority of complaints arise because of sibling rivalry.’

Deputies’ bills are assessed by the Supreme Court Costs Office. Mrs Tricker finally received a copy of her parents’ bills from the court last month.

A spokesman for the Ministry of Justice, which oversees the Court of Protection, says: ‘ Anyone appointed to look after the affairs of a person who lacks capacity must always act in their best interests, and put their needs first and foremost.

‘Since the Mental Capacity Act came into force in 2007, all deputies are supervised by the Office of the Public Guardian and must follow a comprehensive code of practice, which provides guidance on how to act and make decisions on behalf of people who lack capacity.’
It costs more than £1,000 to have a deputy appointed, plus an annual charge for a security bond which can run into thousands.

To avoid this route, you should draw up a Lasting Power of Attorney stating who you want to run your affairs if you become unable to handle them.

There are two types: one for your finances and the other for your health and welfare.
They cost £120 each and can’t be used until they have been registered by the Office of the Public Guardian. The lengthy forms are complicated and readers have told us about long delays in processing them.
Before October 2007, a simpler Enduring Power of Attorney was used. These are still valid.
‘Dementia can strike at any time. Plan ahead and get a Lasting Power of Attorney before you, too, are sucked into this costly world,’ says Mrs Tricker.
Having reviewed the bill, Mrs Tricker has asked the court to rescind and reassess the first solicitor’s costs. The hearing is set for June 3. ]

This may not the most obvious thought when you consider meeting your maker or whatever else it is you claim to do, but what will happen to your Facebook account when you go? Will it linger on with no further posts or comments or will someone post something to let everyone know.

This obviously worries James at ‘Men with Pens’ and rightly so.

What will happen to your email accounts?

What will happen to your blogs and website?

Who has access to your key information and passwords?

This amusing and honest account of your online problems lingers here:

http://menwithpens.ca/what-happens-to-your-website-if-you-die

Someone has already set up a help page for those with a facebook account when they die; go to:

http://www.facebookafterlife.com/

Remember, our entire lives are going online these days; do you have access to your family’s bank account information, online?

Planning is essential.

It’s a well known fact that the intestacy (what happens to your estate if you have a will) laws and rules are so far out of date as to be almost embarrassing. While we live in UK plc with one third of people not married or single, over 40% of children are now in an unmarried relationship, we have no sensible provision in law for these people’s estates other than to give their money to the wrong people at the wrong time, especially when they are part of a partnership (one of each sex or both of the same) who choose not to get married or form a civil partnership.

Quite simply, if you’re not married then your partner won’t get a penny from your estate if you haven’t got an up to will.

The government are now reviewing the situation rather than making it compulsory for everyone to have an up to date will.

The consultation paper reviews the current situation, looks at options for updates and ask questions of those consulted including asking them their ideas for the reform.

They’ve decided to look at:

• Surviving spouse entitlement
• Should cohabitants be in the intestacy laws
• Trusts for children and adopted children’s rights
• The distinctions between half and full blood siblings
• Family provision where the deceased didn’t have a permanent home in England or Wales

The consultation proposes that for cohabitees, when a child is involved, then the estate is treated under current ‘married’ rules. If there are no children the document suggests that after five years is good enough for cohabitees to be treated the same as married people.

Currently adopted children lose their right to inherit at age 18; they are looking to lose this restriction.

Many of these suggestions are obvious and should be implemented. We shall have to wait and see. However, a statutory will, or ‘intestacy’ (where there is no will) doesn’t become anywhere as near as useful a legal document for your family, friends and dependents as making a last will and testament. This should be achieved as soon as possible and updated regularly.

Writing your will ensures the right money goes to the right person at the right time.

John Toule

John Toule Wills

UK government steals 3000 homes – legally
More and more people must sell their homes to pay their care home costs. Those who have paid tax and have assets over £23,500 must pay the full cost. Those who have less assets get their whole bill paid by the government. The message is simple; do nothing and the government will pay; work hard to improve your assets and the government will take them away.
New figures, compiled by the House of Commons library for Liberal Democrat health spokesman Mr Lamb, based on surveys by healthcare analysts Laing & Buisson, show that the problem is worse than ever.
There were 380,000 people in care homes as of April 2009, of which 48,000 had been enforced to sell their homes to pay their costs. This is 23 per cent higher than the 39,000 sellers in April 2005. Last year the figure was 45,000.
It is thought that around a third of all those who pay to go into a care home will end up losing their home.
Labour has been promising to tackle the subject for the past 12 years. At his party’s conference in 1997, Tony Blair said: ‘I don’t want a country where the only way pensioners can get long-term care is by selling their home.’ Same false truths.
The rise of 3,000 over the last year represents at least eight people a day or 57 a week. However the number who sold up in 2009 is bound to be even higher than 3,000 because some of the 45,000 from the previous year will have died.
Of the other residents of care homes in 2009, 107,000 had to contribute towards care costs but did not have to sell their home, and 223,000 got their care completely free.
The figures show that the number forced to contribute towards the cost of care has been rising in recent years: up 21 per cent from 128,000 in 2005 to 155,000 this year.
Next year, the annual average cost of residential care will be £26,000. Both major parties have proposed reforms to help fund residential care.
Professional will writing companies can show you how to protect your home. Seeking advice early is important as when it becomes too late, nothing can be done to solve the problem.

Probate – first actions

If someone close to you has died and you know you’re going to be an executor and trustee of their will, there are some immediate action items you need to contemplate and deal with quickly.

Check the house

Particularly if the person who has died was living by themselves you need to make sure the house is safe and any valuables removed from the house for safekeeping. How you do this depends upon the type of property and its position. Giving your name and telephone number to friendly neighbours may be helpful especially if they’re willing to keep observing the house for you. Don’t forget to tell the police the property is empty and you can ask them for any advice on security.

Animals

It is obviously important that arrangements should be made for any pets that are at the house. The last will and testament may tell you what happens to them, but in the meanwhile they need to be safe, fed and looked after. There may be a relative on animal charity in available to help with short-term needs.

Insurance

You need to take a look at the insurance policies, particularly for those concerning the building and contents insurances. You’ll need to notify the insurance company about the person’s death and let them know that the house is unoccupied. You’ll need to find out how long the insurance can continue once the property remains empty and then find out what you need to do to continue insurance cover for any unoccupied periods that may extend long-term. You should also check with any car insurance company so that they can be notified about the death. No one else should drive the car without full insurance cover.

Utility services

In the short-term they should be left on to ensure that the house doesn’t suffer from leaks or frost or any other dangers. You should decide how quickly you need to turn off gas and water, but you need to keep the house warm enough to stop problems arising in the house.

Postal delivery

You need to get in touch with your local post office and arrange for post to be redirected to you so that you can know what other matters need dealing with and how quickly. This will also allow you to keep in touch with any bills that are arriving to you can deal with those separately.

Bank accounts

You should ensure the banks and building societies known about the death as soon as possible. You’ll need to make arrangements so that funds are available to pay for the funeral, any potential probate fees and any tax you may have to pay, especially inheritance tax. You’ll need to check with the banks to find out about any standing orders or direct debits that may be running and deal with these accordingly.

The actions to take on after somebody dies can be varied and difficult which is why it often makes sense for a professional probate company to take over the majority of the work necessary. Appointing a professional probate company in your will, helps people you leave behind.