We also explored what to look out for when caring for the elderly and vulnerable in terms of abuse particularly in reference to undue influence, and capacity issues, and how and when to report suspicions of abuse.

We enjoyed our time together and there was much participation and engagement in the seminar. I think everyone learned something new from both a personal and a professional perspective.

Thank you to everyone who made me feel so welcome.

If you think your organisation could benefit from such training, please do not hesitate to contact RMP to discuss this further.

If you personally wish to find out more about wills and powers of attorney, please do give us a call to make an appointment with Lis Whybrow or one of the team on +441213184707.

Now is a good time to start with some realistic resolutions and goals. Not the faddy diets and talk of exercise regimes we know we are unlikely to stick at for much longer than this first month but looking at putting our affairs in order.

There is no time like the present to look at making or reviewing your will: it may have been made a long time ago and circumstances will likely have moved on. You may have been putting it off until the right time. Whatever your reasons, the start of 2020 would seem like an excellent time to sort this out.

You may have experienced deteriorating health for yourself or loved ones and realised how important it is to be able to have reliable and trustworthy people in place to look after your best interests should this be needed, Again, now is an excellent time to explore making Lasting Powers of Attorney to cover both financial and health decisions.

You may have been recently bereaved and need some help in sorting out your loved one’s affairs.

If you are looking for legal help in any of the areas discussed above, please don’t delay, call RMP today on +441213184707 and ask to speak to someone in our Private Client Department

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 1st 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 (Solicitors for the Elderly) 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.”

Elisabeth Whybrow, Head of Private Client at GPM Solicitor says:

“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.”

If you need assistance, speak to one of our expert team on +441213184707.

These are clear examples of abuse and breach of an attorney’s duty which is to keep the best interests of the person on whose behalf one is acting at the forefront of each and every decision made on their behalf whether it is investing their money, selling their home or paying bills. All of these things may be authorised by a Lasting Power of Attorney (LPA) for Property and Finances, and in the case of the putting into an unsuitable care home by a LPA for Health and Welfare, but only if the actions are carried out in the best interests of the person whose money it is. If capacity has not been lost the attorney must help the person who has granted the power to make the decision for themselves. An attorney cannot make any decision for Health and Welfare unless capacity is lost.

Money cannot be used to benefit the attorney who is only entitled to claim out of pocket expenses such as mileage, postage and possibly the instruction of a professional where advice is needed, for example to complete tax returns etc. Gifts are also a no-no unless following the normal pattern such as gifts for special events such as birthdays and Christmas. Large gifts to anyone should only be made with the authority of the Court of Protection.

There has been an alarming rise in investigations into reported abuse under LPAs and recently judges have not been slow in naming and shaming those abusers. Furthermore, in cases where clear abuse of powers has taken place the attorney can be removed and made to repay the money.

If you have concerns about the way a person is being treated or their money is being used and a Power of Attorney is involved, you should report the matter to the Office of the Public Guardian who will investigate your concerns. If there is no LPA and you remain concerned about abuse this can be reported to the Local Authority as a safeguarding issue. Sometimes attorneys breach their powers unwittingly, at other times is it a deliberate attempt to enrich themselves and take advantage of the vulnerable. Either way, it is the responsibility of the attorney to understand the extent of their powers and act responsibly and within the scope of such powers.

At RMP , we believe that clear advice at the outset about how to set up your LPA choosing appropriate attorney/s with proper safeguards, authority and preferences, can protect many of the sorts of abuses outlined above from ever occurring. We also often meet the proposed attorney/s and will explain the duties and responsibilities and the penalties and risks of not acting appropriately under the power. By taking proper advice and setting out the LPA correctly any risk of abuse later may be reduced, if not eliminated.

If you are thinking about making a Lasting Power of Attorney call our friendly and experienced team for proper advice. Don’t delay, call RMP today.

A scheme has now been launched to refund those who may have paid more than they should for applying to register powers of attorney.

If you applied to register a lasting or enduring power of attorney with the Office of the Public Guardian (OPG) between 1 April 2013 and 13 March 2017, and paid an application fee, then you could be due a partial refund.

OPG’s processing costs have been reduced in recent years.  This has lead to the Ministry of Justice lowering the application fee in April 2017.  The refund scheme allows those who paid a higher fee when costs were reducing to claim a partial refund.

If you, or someone you are acting for, thinks they may be eligible for a refund visit https://www.gov.uk/power-of-attorney-refund for more details and make a claim using the online service.

If you don’t have internet access please contact the refund helpline by calling OPG on 0300 456 0300* and selecting option 6.  This scheme is being administered by OPG.

* Lines are open Monday, Tuesday, Thursday and Friday from 9am to 5pm and Wednesday from 10am to 5pm.  Please select option 6 if calling.  Visit http://www.gov.uk/call-charges for call charges.

At RMP we understand how hard it is to have these important conversations and face up to the reality of death for ourselves and how this may affect our loved ones. Even though death is a fact of life, it remains an unspoken fear in many of us: so much so that we find it hard to address let alone plan for its inevitability.

Furthermore, we are all living longer, and dementia and general deterioration in physical and mental health seem often to accompany our aging.

With this in mind, RMP invite you to step back, take a deep breath, and plan for the inevitable and consider how to best protect and provide for your loved ones; both on your death and also in case of loss of mental capacity.

It is no good leaving things unspoken and undocumented, or documented in the wrong format. If the paperwork isn’t legal it inevitably won’t work, and even if it does work it may not actually achieve what you intended. This can leave families with real heartache and, where families are at odds with one another or may simply be unable to reach an agreement, costly and time-consuming legal work can be required to put things right.

Neither death nor mental incapacity are attractive propositions, but one is a definite for us all and the other is a possibility for many of us, even if not directly then maybe for someone we know and love.

None of us know what the future holds, but addressing these issues in a timely manner brings peace of mind, and the knowledge that we have done all we can to care for our nearest and dearest.

This is one of the greatest gifts you can give to your family: by making sure they are properly provided for, not only whilst you are around and able, but even should you lose your capacity or pass away.

At RMP we can help you through the process of making a will and lasting powers of attorney as well as helping you, should someone close to you have lost capacity, through making a deputyship application. If a loved one has recently passed away we can also help you through the process of winding up their affairs and distributing their assets correctly.

We have a friendly team of professionals who are dedicated to helping you plan for the future and suggest that you give us a call today for an appointment if you want to discuss any of the above further.

Don’t delay, call RMP today, on +441213184707.

Elisabeth Whybrow has joined fellow members of Solicitors for the Elderly in warning against proposals to turn the LPA registration process fully digital.

An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about their finances and property on their behalf. Under the current process, a ‘wet signature’ – the physical signing of the document – is required by individuals who wish to register an LPA. But in a paper released on Thursday, the Financial Conduct Authority (FCA) called for a fully digital system, whereby documents could be registered completely online.

Elisabeth Whybrow said: “We are extremely concerned by the FCA’s push for fully digital powers of attorney. Although we welcome initiatives that make LPAs more accessible, the security of older and vulnerable people is paramount. Under the current system, the FCA’s vision of a secure, end-to-end digital LPA registration process is simply not possible.

“Removing the requirement of a wet signature has the potential to put thousands of people at risk of fraud and financial abuse. An LPA requires the understanding and consent of the donor, but without the witnessing of a physical signature, what is to stop a family member or friend registering a document on someone else’s behalf, perhaps even without their knowledge?

“LPAs are extremely powerful and complex documents, and the prospect of being able to take control of someone else’s bank account and even their property with the few clicks of a button is frankly reckless.”

Solicitors for the Elderly is an independent, national organisation of over 1,500 lawyers, such as solicitors, barristers, and chartered legal executives, who provide specialist legal advice for older and vulnerable people and their families. Last year, the organisation released a report raising concerns around the current online system for LPAs, which it claims already leaves older and vulnerable people open to abuse.

LPAs are processed by the Office of the Public Guardian (OPG), a public body under the Ministry of Justice. The OPG has previously considered changing the LPA application process as part of a gradual move to take all its processes online.

For further information, please speak to Elisabeth Whybrow on +441213184707.

Mr Leonard then invested the proceeds of sale of his mother’s Victorian semi in an investment apartment in his own name, receiving all the income personally. He also spent thousands of pounds on bar bills, contesting a drink driving charge, a holiday to America and a failed pyramid investment scheme. In all he was found guilty of receiving over £90,000 of his mother’s money for his own benefit. It must be clear that his sister did not receive anything.

While all his spending was going on, Mr Leonard asked for her hair appointments costing £10 a week to be reduced to monthly appointments as she would not remember them. Furthermore, he refused to pay for a replacement pair of slippers when hers wore out.

Mr Leonard claimed he had made joint decisions with his sister and there was no dishonesty in his activities. The court found otherwise! His actions were found to be “a huge abuse of trust”

LPAs are a very useful tool to help those people who are in a position where they cannot make decisions for themselves or are finding it increasingly difficult to do so. It is so important to make sure the right people are appointed who can properly be trusted.

At RMP , we will explain your options and try to ensure this sort of activity does not take place. LPAs give authority for others to act in your best interests and not to profit personally from any exercise of such authority.

At RMP , we will talk you through the process and help you make a wise decision as to who should be appointed, to minimise any risk of abuse.

Don’t delay, call RMP today on +441213184707.

The OPG has announced that customers who have been overcharged should be refunded. It is due to announce details of how this will be. Currently the OPG is only discussing a refund of the most recent reduction of £28 per application fee from £110 to £82. No mention has been made of any refund for the earlier reductions!

It will be interesting to see whether the estates of those who have died and had their powers cancelled on death may also be entitled to a refund. This may prove a logistical headache for all those involved.

As soon as we know how the refunds will operate we shall let you know.

In the meantime, if we at RMP can advise you about Lasting Powers of Attorney please get in touch. Don’t delay, call RMP today on +441213184707 and speak to someone in our Private Client Department

WORLD ELDER ABUSE AWARENESS DAY aims to raise awareness by highlighting the abuse suffered by so many of our elderly.

Abuse is inflicted, not only physically, but emotionally and financially.  Sexual abuse and neglect are also the cause of much distress to people who are already vulnerable as a result of physical infirmity or mental incapacity.

Elder Abuse (www.elderabuse.org.uk)  provides information, guidance, advice and support to actual or potential victims of abuse and to those people worried about such issues.

Please work with Elder Abuse – Crimes against our elderly can only be tackled by making everyone aware of the abuse committed against the most vulnerable members of our society.

If you are worried about abuse of yourself or someone close to you and wish to ensure those you trust are given appropriate responsibility and authority to deal with your or their affairs please don’t delay. Call RMP today on 0121 5112233.