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What happens if?

Without a Lasting Power of Attorney / Property Protection Trust / Valid Will in place.

We look at some of the risks that families face today when NOT having adequate Estate Planning provision.

Betty FigIn April 2009, 86 year-olds, great-grandmother, Betty Figg, was snatched from her home by social workers and police officers armed with a battering ram, against the wishes of her daughter. Betty was suffering from dementia; social services did not agree that it was in Betty’s best interests to be cared for by her daughter, at home, in a specially converted room. You may recall that the media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.

Incidents like this can be prevented by creating a health and welfare lasting power of attorney (LPA) and giving it to a family member. Social services are then prevented from making care decisions.

Without an LPA social services can make decisions on behalf of a vulnerable person, if they think they lack mental capacity and believe it is in their best interests. They do not have to follow the wishes of the family and cannot be held liable for their decisions.

Damian Wynne LLB (Hons), partner at Hatfield Daniels LLP is encouraging all to plan ahead and make a health and welfare lasting power of attorney. ‘What happened to the late Mrs Figg may never happen to you, but if it does, you and your family will be glad you made a LPA’.

Is the cost of care really that expensive?

care fees house

Research from NFU Mutual has found that the average cost of a place in a nursing home is £3,000 a month, while residential care costs £2,000 a month. The government has calculated that the average cost of care has risen to £50,000, while one in five people who go into care will end up paying more than £100,000.

The NFU Mutual’s research found that pensioners have sold more than one million homes in order to meet the cost of care, and another two million pensioners have decimated their savings.

And the issue is incredibly widespread, since 1999 one in ten adults has had a parent go into care, 28% of them have had to sell the family home as a result, and 77% said the fees had used up most of their parents’ wealth.

No hope in SIGHT?

The full cost of care has to be met if the person requiring care has assets of over £23,000. Hope was in sight after the Government promised a fairer capped system would be in place by April 2016. However, we now have to wait until at least the end of this parliament (Thursday 7th May 2020!) after the Government announced it would delay a planned £72,000 lifetime cap, to the dismay of many and their families.

Daniel Spragg, partner at Hatfield Daniels LLP commented ‘you may have concerns about long-term care but please tread carefully. There are many companies claiming an easy solution to avoiding care fee costs when in actual fact every person’s circumstances and financial position are very different. The best planning is advance planning, making decisions in regards to your main residence has to happen many years before you even think about requiring care, for you to consider any type of asset protection strategy 6-12 months before you actually need care is simply too late.If you do this the authorities will simply say that any action from you is deliberate deprivation of assets to avoid paying care home fees and will assess you as if you still own the asset.
If you are thinking about what options are available to protect your home and assets against care fees please contact us, we can discuss your options and advise the best way to plan your future.

If we die our children surely won’t be taken into care?

children taking into care

“Putting off the Will-making process is a risky strategy which means that parents are ultimately playing Russian roulette with their child’s future.” warns John Muldoon, partner at Hatfield Daniels LLP. “By postponing the process, they are unwittingly putting their children at risk of court-battles, family disputes and potentially even foster care.”

“If both parents were to die, and no official guardians had been appointed, the children could end up in foster care while the court appoints a guardian of its choosing. In addition, if a parent re-marries without a Will in place, the children are only entitled to an inheritance if their parent’s estate is worth more than £250,000, or if the parent’s spouse has also passed away.”

Another consideration, which is widely forgotten, is the provision of cash gifts to a guardian(s) conditional upon the acceptance of the appointment as a simple thank you.

This then enables the guardian(s) to improve their home to accommodate the children, additionally you could set up a trust fund for the benefit of your kids to provide them with funds which is available to them at certain stages of their lives such as university fees, deposit for their first home, or even money for their own children in the years to come.

 

“Provision for your children and their guardians is a serious business but actually a simple process to formulate that does not need to cost the earth.” says John Muldoon. “So please contact us, we can discuss your options and advise you on the best way to plan your future”

To find out how Hatfield Daniels LLP can assist you with your LPA, care fee solutions or making a Will to include legal guardians Please contact us.
We originally approached Hatfield Daniels with regard to the free will service they were offering and then went on to instruct them with regard to lasting power of attorneys and other services which they undertake, at a reasonable cost. We would definitely recommend Daniel and Hatfield Daniels to anyone requiring this type of service.

Colin & Sylvia Jones, Telford

5.0
2016-11-01T17:22:00+00:00

Colin & Sylvia Jones, Telford

We originally approached Hatfield Daniels with regard to the free will service they were offering and then went on to instruct them with regard to lasting power of attorneys and other services which they undertake, at a reasonable cost. We would definitely recommend Daniel and Hatfield Daniels to anyone requiring this type of service.
Very honest, professional and caring company, nothing was too much bother.

Peter Hill, Solihull

5.0
2016-03-29T13:37:54+00:00

Peter Hill, Solihull

Very honest, professional and caring company, nothing was too much bother.
Hatfield Daniels made it easy for us to get our wills sorted out - a job we'd been putting off for years. The whole process only took a couple of weeks and Daniel made it easy by explaining our options and listening to what what we wanted to achieve before drafting the wills. I'd thoroughly recommend Hatfield Daniels to anyone else who knows they should have a will but have never quite got round to it...

Grant Foden, Telford

5.0
2016-03-29T13:45:05+00:00

Grant Foden, Telford

Hatfield Daniels made it easy for us to get our wills sorted out – a job we’d been putting off for years. The whole process only took a couple of weeks and Daniel made it easy by explaining our options and listening to what what we wanted to achieve before drafting the wills. I’d thoroughly View Full →
I was worrying for some time about not having a will but thanks to Hatfield Daniels it has all been sorted.
Daniel explained everything clearly to me and was extremely friendly and efficient. Before I knew it everything was sorted and I don't need to worry any more. An excellent service - 10 out of 10

J Powell, Shawbirch

5.0
2016-05-18T09:43:35+00:00

J Powell, Shawbirch

I was worrying for some time about not having a will but thanks to Hatfield Daniels it has all been sorted. Daniel explained everything clearly to me and was extremely friendly and efficient. Before I knew it everything was sorted and I don’t need to worry any more. An excellent service – 10 out of View Full →
Professional, Courteous and Friendly, is how we describe Daniel. We decided to update our wills after a close family bereavement and Daniel could not do enough for us. We were very impressed with the service provided. We have already recommended Daniel to our family and friends and will not hesitate to use Hatfield Daniels in the future.

Mr & Mrs Shepherd, Telford

5.0
2016-04-15T14:05:24+00:00

Mr & Mrs Shepherd, Telford

Professional, Courteous and Friendly, is how we describe Daniel. We decided to update our wills after a close family bereavement and Daniel could not do enough for us. We were very impressed with the service provided. We have already recommended Daniel to our family and friends and will not hesitate to use Hatfield Daniels in the future.
Hatfield Daniels LLP put my mind at rest from the very first phone conversation. Professional advice but on a very personal level and helped me make what I now know is the right decision.

Richard Brown, Wolverhampton

5.0
2016-03-29T13:44:47+00:00

Richard Brown, Wolverhampton

Hatfield Daniels LLP put my mind at rest from the very first phone conversation. Professional advice but on a very personal level and helped me make what I now know is the right decision.
My Husband and myself have just made our wills with Hatfield Daniels. Daniel made the hole experience very relaxed and reassuring. Thank you Daniel.
We would strongly recommend this company.

Mary & Rob, Telford

5.0
2016-06-01T14:41:30+00:00

Mary & Rob, Telford

My Husband and myself have just made our wills with Hatfield Daniels. Daniel made the hole experience very relaxed and reassuring. Thank you Daniel. We would strongly recommend this company.
Thank you for your patience in helping me fully understand my options regarding estate planning. Highly recommended. Excellent service Thank you

Leighla, Driotwich

5.0
2016-03-29T13:45:22+00:00

Leighla, Driotwich

Thank you for your patience in helping me fully understand my options regarding estate planning. Highly recommended. Excellent service Thank you
I came across Hatfield Daniels LLP through a local government website. I can now sleep at night thinking everything is in order and the right people will be gifted with the correct belongings and money etc., all this is thanks to Daniel at Hatfield Daniels LLP… Thank you :)

Deborah Marks, Telford

5.0
2016-03-29T13:16:47+00:00

Deborah Marks, Telford

I came across Hatfield Daniels LLP through a local government website. I can now sleep at night thinking everything is in order and the right people will be gifted with the correct belongings and money etc., all this is thanks to Daniel at Hatfield Daniels LLP… Thank you 🙂
Thank you John for your much appreciated help and advice in preparing our wills and organising my funeral plan. I would have no hesitation in recommending you to anyone who needs the services you supply.

 

P Martin, Cannock

5.0
2016-06-13T16:03:33+00:00

 

P Martin, Cannock

Thank you John for your much appreciated help and advice in preparing our wills and organising my funeral plan. I would have no hesitation in recommending you to anyone who needs the services you supply.
We can't recommend Hatfield Daniels enough. The entire process was clearly explained and didn't cost the earth. Nothing was too much trouble for them... a highly professional, friendly and personable service.

Lucy T, Telford

5.0
2016-05-18T15:43:38+00:00

Lucy T, Telford

We can’t recommend Hatfield Daniels enough. The entire process was clearly explained and didn’t cost the earth. Nothing was too much trouble for them… a highly professional, friendly and personable service.
As time goes by writing your Will is one of those things you think about but never get round to doing, the thought of 'what happens when I’m gone' is one not easily discussed with strangers. Hatfield Daniels made the process of compiling our Wills easy, Daniel was very friendly and professional explaining the Will process in layman terms - We can highly recommend the excellent service provided by Hatfield Daniels

Ian & Sue Carvell, Telford

5.0
2016-04-15T14:05:51+00:00

Ian & Sue Carvell, Telford

As time goes by writing your Will is one of those things you think about but never get round to doing, the thought of ‘what happens when I’m gone’ is one not easily discussed with strangers. Hatfield Daniels made the process of compiling our Wills easy, Daniel was very friendly and professional explaining the Will View Full →
5.0
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