Our service
1. Advice on and preparation of either or both of the Lasting Powers of Attorney for Health and Welfare and Property and Financial Affairs.
2. We will:
2.1. Meet with you through an online video appointment.
2.2. Take instructions from you about the people you wish to be your Attorneys and the decisions you do or do not wish for them to be able to take on your behalf.
2.3. Consider whether you have the mental capacity required to make a LPA.
2.4. Prepare the documentation and explain it to you.
2.5. Subject to 3 above certify that you understand the purpose of the LPA, that no fraud or pressure is being used to make you create it, and that there is no other reason why the LPA should not be created.
2.6. Provide you with written instructions for how you and your intended Attorneys must sign and date the documentation.
2.7. Provide you with written instructions for how to register the LPA with the Office of the Public Guardian (OPG).
2.8. Email the documentation to you or, subject to you paying any required additional fee, post the documentation.
3. We will not:
3.1. Register a LPA with the Office of the Public Guardian for you.
3.2. Pay the registration fee charged per LPA by the Office of the Public Guardian for you.
3.3. Prepare the documentation for you if we form the opinion during our interaction with you that do not have the requisite capacity or that you are being coerced or that there is any other reason that our Solicitor may not certify your application. In those circumstances, we shall refund 50% of the fee paid by you for the Service.
Our responsibilities
4. It is our responsibility to draft and supply you with LPAs that reflect your wishes and that will be accepted and registered by the Office of the Public Guardian providing you and your intended Attorneys sign, date and witness the documents in the way we instruct you to do so.
5. Subject to you sending the documents to the OPG for registration within 8 weeks of the date upon which we send the drafts to you, if the documents are rejected by the OPG due to an error we have made, then it is our responsibility to redraft the documents at no additional cost to you and to reimburse you a sum equivalent to the registration fee at 3.2.
6. It is not our responsibility to supervise the signature and witnessing of the LPAs by you or your intended Attorneys.
7. It is not our responsibility to ensure you have successfully registered the LPAs and we shall not be liable if you fail to send the LPAs to the OPG for registration within 8 weeks of the date upon which we send the drafts to you and the LPAs are then later rejected from being registered by the OPG for whatever reason.
Your responsibilities
8. It is your responsibility to follow our instructions to correctly sign and date the documents in front of suitable witnesses, and to ensure your intended Attorneys do likewise, all in the correct order.
9. It is your responsibility to follow our instructions for how to register the LPAs and, within 8 weeks of the date upon which we send the drafts to you, to send the signed, dated and witnessed documents to the OPG for registration.
10. It is your responsibility to ensure that receipt of your application to register the LPAs is acknowledged to you by the OPG either by email or by post as you prefer, and to ensure you receive similar notice that the registration has been successfully completed by the OPG.