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Lasting Powers of Attorney have been made much easier for people to organise for themselves with the launch of improved forms in October 2009 Â according to the Public Guardian, Martin John (pictured on the left).
His department, the Office of the Public Guardian (OPG), is responsible for regulating and supervising registered attorneys to ensure that people’s finances, welfare and healthcare are looked after according to their wishes should they lose the mental capability to manage themselves.
This involves setting up a Lasting Power of Attorney (LPA) which hands control of healthcare, welfare and financial affairs over to a trusted person. There are two types of LPA, one dealing with financial aspects (including property) and the other with health and welfare.
“We encourage people to make and register an LPA as early as possible,” said Mr John. “Once people have set up a Lasting Power of Attorney they can relax in the knowledge that, should they lose mental capacity for any reason, people they trust will be taking care of paying bills or choosing a care home for them.”
Feedback from customers and stakeholders was that the old form was too long and complicated, and this may have put people off from setting up LPAs, which is why it is now being replaced.
“We have now come up with far simpler forms,” said Mr John. “They are in plain English and have benefited from in-depth user-testing. The accompanying guidance is much clearer and includes images and examples of completed sections of the form.
“It is straight-forward enough for very many people to do the whole thing themselves. And the process has plenty of safeguards built in. For example, a person can nominate up to five people to be notified when the LPA is being registered so that those named people can object if they feel the person making it was being unduly pressured.”
Once an LPA has been made, no decision-making powers are handed across until it is registered. The person making the LPA (the donor) or the attorney can register an LPA. This is done by sending in a Registration form, along with the original LPA document and a £120 fee. The OPG will then contact all the relevant parties to check that no one objects to the Registration. If cleared the LPA is registered and sent back. It can then be used to manage the subject’s affairs.
“LPAs are checked very thoroughly,” said Mr John. “Once we send back a registered LPA it enables a person to take control of another person’s affairs.”
Public Guardian Mr John accepts that he has one of the best job titles in the country, and he takes it very seriously.
He said: “It is a title which brings with it great responsibility – to safeguard the right of people to choose for themselves how they want their affairs managed, and to ensure those that are appointed discharge their duties appropriately. My organisation is dedicated to this and by making it simpler for people to set up their own LPAs, we hope many more people will begin to put them in place sooner rather than later.”
SOME USEFUL INFO
- There is a helpline to provide guidance and support for anyone having trouble with the form. The number is 0300 456 0300. The OPG website address is: www.publicguardian.gov.uk
- LPAs can be as detailed or as straightforward as you want. For example, you may build in specific amounts of expenses you feel your ‘attorney’ should charge for their time in dealing with your affairs.
- Any number of ‘attorneys’ can be named in an LPA, but the OPG recommends against appointing too many as it can complicate decision-making processes.
- There can be differences in opinion among parties looking after a person’s affairs. The Court of Protection is where cases of this nature can be resolved.
- LPAs are an important way for people to plan ahead for a time when they may not be able to make their own decisions through a loss of mental capacity. This could happen for many reasons e.g. through a brain injury sustained in a road traffic accident, through dementia, through a learning disability or through another illness which might render you incapable, even temporarily. People over the age of 18 can set up an LPA.
- There are concessions available for people who have trouble paying the full £120 Registration fee.
October 3rd, 2009
Do you love books but struggle to read, perhaps because of sight problems or dyslexia, or because it’s getting difficult to hold a book or turn the pages?
If so you might like to try books from Calibre Audio Library. Calibre provides a free postal lending service of audio books. It’s a nationwide service, with 19,000 members. All our books are recorded unabridged, and you can listen to your favourites, at home or on the move. As one member commented:
‘With a book I’m completely free. I can go anywhere and be anything I want!’
As it is a postal service, you can exchange your books as often as you like. And with over 8,000 titles in the library you’ll never run out of new books to read. The choice includes the latest bestsellers, classic fiction, detective stories, romances, and popular non-fiction like biography and travel. There’s also a Young Calibre collection for under-16s. Best of all, there’s nothing to pay- no subscription, no fines, no postage costs and no charge for lost or damaged books.
The library is really easy to use. If you like to choose for yourself the books you’ll read, Calibre’s staff can help you to do this. But if you prefer, you can tell us what sort of books you like and we will choose for you, based on your preferences.
Our books are available on MP3 format CDs and on cassette tapes. The disks give better sound quality than cassettes, and most books fit onto just one disk. However, we are committed to maintaining the cassette service for as long as possible. Members with sight problems can choose cassette, disk or both, to suit themselves. For those with other conditions we can only offer the disk service – this is because of postage costs.
If you would like to know more, or if you are interested in joining the library, just phone 01296 432 339, email enquiries or visit the website www.calibre.org.uk. We’re looking forward to hearing from you, and sharing our books with you.
March 1st, 2009
The latest issue of the ERA magazine is out featuring the latest news from the retirement sector as well as the ERA timetable of events for 2009.
There are also details of a new benefit for Member Companies, pre-written and cleared articles for use in your own publications.
The first of these comes from the ERA Legal Training Day earlier this year and features articles on:
These can be downloaded and used free of charge by Member Companies. These are accurate at the time of going to press. However, you would be best advised to check the details with us if you plan on running them months later.
If you have any queries, please email us via the Contact page.
December 15th, 2008
ERA Member Companies’ retirees now have another place to try for the best insurance quotes.
Unilever’s not-for-profit, in-house insurance service has launched a new website and has opened up its highly personalised service to ERA members.
To get your free, no obligation quote, just visit www.unilever-insurance.co.uk. You will initially need to register and declare yourself an ERA member in the ‘customer type’ section.
Colin Matthews, of Unilever UK Insurance said: “Hopefully we can help some ERA members with our quotes, especially on travel, home & motor insurance where we have used our buying power to try and obtain the best deals for Unilever retirees. Our policies provide blue-chip cover coverage and it never hurts to have another place to compare cover and prices – especially when it comes to personal insurance products.â€?
If you have any problems, you can telephone Unilever Insurance on 020 7822 5557.
June 11th, 2008
Under the new Pensions Act, men and women reaching state pension age on or after April 6, 2010 will be entitled to a full basic state pension when they have paid National Insurance contributions for 30 years (currently 39 years for women and 44 for men).
If you are affected by the new rules and wish to obtain a written state pension forecast to confirm your position your request will be blocked! This is because the government computers used to produce these forecasts are currently in the process of being updated to reflect the change. It is anticipated that you will not be able to get a written forecast for at least a year. However, you can ask for verbal confirmation of your current total of years, which should be supplied as long as you can quote your National Insurance number. Written pension forecasts for those reaching state pension age before April 6, 2010 are still available in the usual way. Ring 0845 3000 168 for more information.
Those seeking a refund of any voluntary National Insurance contributions paid unnecessarily since 25 may 2006 (the earliest date from which the government will give refunds) should write to HM Revenue and Customs, nICo, Benton Park View, Newcastle Upon Tyne NE98 1ZZ or ring 08459 155 996.
April 30th, 2008
Thousands of bereaved families could suffer intrusive tax investigations and fines as part of a new drive by HM Revenue and Customs (HMRC) to clamp down on inheritance tax.
HMRC is trawling through financial information such as bank statements and pension plans, to make sure any gifts made during the seven years before the donor’s death have been accurately declared. Gifts, without reservation, made more than seven years before the donor’s death are exempt from inheritance tax. There are also annual exemptions, details of which you can get from your local tax office. to cover yourself.
We suggest that if you give away any money or assets, you write down what you have given, to whom and when. Then tell your executors where they can find this information. If inheritance tax is due, it is levied at 40% on assets exceeding the annual allowance, which is £300,000 for this tax year.
April 30th, 2008
As of 1 April 2008, over-60s in England will get a free bus pass to travel on all local bus networks.
The free off-peak service will benefit up to 11m people who are disabled, or aged over 60 and should make it possible to travel across the whole country with a National Travel Pass smart card.
Bus passes will be issued by concessionary bus pass providers. A full list of these is available at the DirectGov website.
If you have any queries, you should contact the bus pass provider for your area, usually the local authority.
The Local Government Authority has said that about 30 local councils are expecting shortfalls of up to £2m, prompting them to call on the Treasury to review its calculations for how much money will be given to individual councils to pay for the scheme. It is of particular concern to areas popular among tourists and shoppers which fear their bus services could be swamped.
* Pensioners in Scotland and Wales have already been able to enjoy free bus travel which allow over 60s free travel on buses at any time during the day. In Northern Ireland, over 65s get free travel on buses and trains and can travel over the border into the Republic of Ireland using the same pass.
April 30th, 2008
The Government will again be making Winter Fuel Payments to most people aged 60 or over for winter 2008/09.
There will be an additional payment for winter 2008/09 of £50 for households with someone aged 60-79 and £100 for households with someone aged 80 or over. This will be paid alongside the Winter Fuel Payment.
As a result of pensions reform the minimum age at which both men and women will be able to receive a Winter Fuel Payment will rise incrementally to 65 between 2010 and 2020. There is a working assumption that it will rise again to 68 with the increase in State Pension age. Precise details of how the Winter Fuel Payment qualifying age will increase are yet to be finalised.
You can call the Winter Fuel Helpline, or visit the website, if you need:
- more information about Winter Fuel Payments
- to tell them about a change in your circumstances
- to get a claim form for Winter Fuel Payments (for either this winter or past winters). You can also download a claim form from their website
The Winter Fuel Payment Helpline is 08459 15 15 15 (0845 601 5613 for textphone users). Lines are open from 8.30am to 4.30pm, Monday to Friday. Charges are the same as for local calls. They may monitor your call to check the quality of service you receive.
Remember, if you are in receipt of a State Pension or another social security benefit other than Housing Benefit, Council Tax Benefit or Child Benefit you should first contact the office that normally deals with you first.
April 30th, 2008
One of the most common calls that the NHFA deals with on their advice line is from families of older people who have to self-fund their care home costs because they own a property.
Often they are given a list of care homes by social services and left to sort themselves out! At no other stage of life could you imagine anybody paying out twenty or thirty thousand pounds a year from limited capital without seeking advice.
The information people receive from local authorities or the NHS does not always paint a clear picture of what they are truly entitled to from the State. Many are certainly not aware that there are specialist financial products and advice available to make the situation much more affordable and tolerable.
If you find yourself in this difficult situation, the NHFA have published a leaflet which may help you ask the right questions.
NHFA Care Advice Line is free and available to all, regardless of means, and combines financial advice with the complexities of local authority charging and assessment procedures, health authority responsibilities, DWP welfare benefits and legal matters. The aim of the NHFA is to enable older people to meet the cost of their chosen care for life whilst also preserving their original capital, independence, dignity and right of choice.
For a free copy of the NHFA Long Term Care Guide or for the Care Advice Line call 0800 99 88 33 or visit the website www.nhfa.co.uk
And finally, take specialist advice.
April 30th, 2008
TaxHelp for Older People (TOP) is a charity which recognises that the system is not flexible enough to make it easy for all older people to understand exactly their tax liabilities.
Basically the tax system applies to all UK residents the same, but many older people still do not realise that they are liable to pay tax on their pension if it is above the Personal Allowance (see below).
Tax is also liable on savings, dividends from shares and earnings.
- Allowances 2007 (2008)
- Personal allowance 0-64 £5,225 (£5,435)
- Personal allowance 65-74 £7,550 (£9,030)
- Personal allowance 75+ £7,690 (£9,180)
- Blind person’s allowance £1,730 (£1,800)
- Married couple’s allowance 71-75 £6,285 (£6,535)
- Married couple’s allowance 75+ £6,365 (£6,625)
Capital Gains is currently payable on earnings from the sale of capital assets or returns on investments which exceed £9,200 per year. Above this Capital Gains Tax is payable at 10%, 20% or 40% depending upon which tax bracket you are in.
Your local tax office should be able to help you with any queries regarding tax.
The self assessment helpline is open seven days a week, including bank holidays from 8am to 8pm and can be contacted on 0845 900 0444. It was very difficult to find a general tax number, but tax offices are still listed in the telephone book or business directory.
When dealing with the tax office, keep a note of the conversation including the name of the person you are dealing with and any details of what was discussed and when the talk took place. It is handy to have these references.
TOP was set up in 2001 and offer free tax advice to the over 60s whose income is no more than £15,000 per annum. They can be contacted by telephoning 0845 601 3321. Another useful source of advice, especially with some of the many tax forms, is the Taxback Helpline 0845 077 6543.
You can also visit the TOP website at www.taxvol.org.uk
You can see Jan’s presentation given at the ERA Financial Update Day in our Data Resources section.
March 13th, 2008
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