Terms and Conditions

1.1It is important that the Applicant reads the following information, and Terms and Conditions, before deciding to proceed with the Lasting Power of Attorney (LPA) Assisted Application Service from Caldwell Security Consultancy (CSC). The Applicant should contact Jon Caldwell, Company Director for Caldwell Security, if they need clarity, or further information, regarding any of these Terms and Conditions, or other information, prior to proceeding with the LPA Assisted Application Services.

1.2LPA Assistance forms part of Caldwell Security Consultancy (CSC) Services, with Jon Caldwell as Company Director, and using shared processes, procedures, and Terms and Conditions.

2.1Please find set out below the Terms and Conditions upon which Caldwell Security Consultancy (CSC) (The Company) will provide the Lasting Power of Attorney Assisted Application Services to the Client. These Terms explain how the Company will provide the Services to the Client, the costs associated with the Services, how any changes can be made by either the Company, or the Client, how to end the Contract, what to do if there is a problem and other important information.

3.1Under the Consumer Contracts Regulations the Client has 14 days (starting the day after the agreement to go ahead with the Service) to cancel the Contract for the LPA Assisted Application Services under the Cooling-off period. Clients can send an e-mail to the Company Director jon@caldwellsecurity.co.uk and notify their wish to cancel the Contract.

4.1Once the Applicant has read and agreed these Terms and Conditions they can access the LPA Assistance Website www.lpaassistance.co.uk and complete the On-line Enquiry Form, or send an e-mail to info@lpaassistance.co.uk and request a Telephone Consultancy. Jon will then discuss with the Applicant the LPA Assisted Application Service, answer any questions, and then if the Applicant agrees to proceed with the Service, and agrees to pay the non-refundable £20 fee (see Paragraph 4.8 below), the Contract will be deemed to be agreed between LPA Assistance and the Client.

4.2Jon Caldwell, Director of Caldwell Security, will then be responsible, throughout the LPA Application Process, for ensuring all of the Forms are correctly completed, and where requested, will conduct a 'quality assurance' review, to reduce the risk of Applications being rejected, prior to the completed, signed, and dated Application being sent to the Office of the Public Guardian (OPG) for Registration via Royal Mail Tracked Delivery Postage.

4.3Jon will also be available during the completion, by the Applicant, of the LPA Forms, to give his advice and guidance, either by e-mail, or via a Telephone Consultation, which can be booked on-line via the LPA Assistance e-mail address info@lpaassistance.co.uk.

4.4There are two types of Lasting Power of Attorney. One for Financial Decisions (Form LP1F), and the second for Health and Care decisions (Form LP1H). A Lasting Power of Attorney is a legal document, that allows an individual, (called the Donor), whilst they still have the mental capacity to do so, to give someone they trust, (called the Attorney) the authority to make decisions, relating to the Donor's Finance and Health, on the Donor's behalf, if the Donor is no longer able to make them.

4.5Once the Donor has agreed to make a Lasting Power of Attorney they can either, request Jon e-mail, or post them, a copy of the LPA Questionnaire, or nominate a Relative, or Friend, to whom Jon can liaise, and assist with the Application Process. Ideally there should be someone who has access to e-mail, and a printer, to which Jon can send, if required, an electronic copy of the Terms and Conditions, and the Guidance Note he has developed, which explains in more detail what information is required to be provided on the LPA Application Forms.

4.6Jon is also able to offer a Telephone LPA Assisted Application Service, whereby he can e-mail a copy of his LPA Questionnaire to the Applicant, and then arrange for a Telephone Consultation to gather the necessary information for Jon to then complete the LPA Form(s) On-line.

4.7If it is not possible for the Donor, or Applicant, to receive the Questionnaire, electronically, it is possible for Jon to send a copy of the LPA Questionnaire, and the Guidance Note, by Second Class Post to the Applicant, for a small additional cost, to gather the necessary information, and once completed for the Applicant to post the LPA Questionnaire back to Jon for him to complete the LPA Forms On-line.

4.8Prior to Jon sending the Applicant the Guidance Note, and the LPA Questionnaire, the Applicant will be required to pay CSC the non-refundable charge of £20. This is to cover the cost of the preparatory work, and the intellectual property, for the Assisted Application Service. Therefore should the Applicant decide to withdraw the LPA Application prior to the final Registration, and perhaps submit the LPA Application themselves, then there will be no further costs for the Applicant, or any further losses for CSC.

4.9The two LPA Applications Forms, one for Financial Decisions (Form LP1F) and the other for Health and Care Decisions (Form LP1H) consist of twenty pages each, but they request almost identical information, with the exception of a question relating to Life-sustaining Medical Treatment. Therefore the LPA Questionnaire will require the Applicant to type, or handwrite, the answers to each of the information requests, and then return them back to Jon at LPA Assistance. The Applicant will be asked to confirm whether the Donor also wishes to apply for the Health and Care LPA, and if so, to confirm which of the two Options in Section 5, they wish to nominate.

4.10The Applicant will then be required to make the final payment of £30, plus any postage and printing costs, for two LPA Applications, or £55 for four LPA Applications (Couple), to CSC if they choose to proceed, and agree to Register the final signed, and dated, LPA Form(s) with the OPG. Once this final payment is received by CSC, then Jon will send, either by e-mail, or via Second Class Postage, the completed On-line version of the LPA Form(s), together with an Advisory Note, that details exactly which signatures are required, and the order in which the LPA Forms should be signed, and dated.

4.11Once the Applicant has completed the LPA Forms, with all of the signatures and dates of signing, then the original Forms, with the 'wet' signatures, should be posted back to Jon Caldwell at the address provided. It is recommended this is done by using the Royal Mail Tracked 48 Postage Service, via the Post Office, which offers proof of delivery, and costs £3.00 for a 200g Large Letter, and 50p for the A4 Envelope, and reduces the risk of the Letter being mislaid, and the Application Form having to be re-signed, and re-submitted.

4.12On receipt of the original signed and dated Form(s), Jon will conduct a 'quality review' of the Form(s), and ensure all of the information has been correctly entered, signed and dated, and in the correct order to avoid the Form(s) being rejected by the OPG on Registration. The Office for the Public Guardian rejects 15% of all applications, and charges a further £46 for those corrected and re-submitted. The OPG Website states it can take 20 weeks for the Registration Process before the OPG confirms the LPA has been Approved and Registered. Jon will ensure that the information is correct to avoid the OPG rejecting the Application and potentially adding a further delay to the Registration.

4.13Once Jon has completed the 'quality review', and confirmed there are no errors that would require the LPA Form(s) to be reprinted and corrected, he will send the original LPA Form(s) by Royal Mail to the Office of the Public Guardian in Birmingham. The Applicant is recommended to choose the Tracked 48 Service at a cost of £3.00, plus 50p for the A4 Envelope, which will required to be paid, together with the final £30, or £55, as shown in Paragraph 4.10 above. This will ensure the original LPA Forms are not mislaid by Royal Mail, or the OPG.

4.14Jon will scan all of the signed, and dated, LPA Forms, and keep an electronic copy within the LPA Assistance Secure Database, to ensure in the event of the LPA Applications being mislaid, during posting, or by the OPG.

5.1It is vitally important that, before agreeing to the Lasting Power of Attorney, the Donor has the 'mental capacity' to be able to read, and fully understand the implications, and potential risks, associated with giving their authority to their Attorney(s) to make all Financial, or Health and Care decisions on the Donor's behalf, including when the Donor is unable to act for themselves, because of the Donor's lack of mental capacity.

5.2Jon places a great deal of importance in the role of the Certificate Provider, and wherever possible, and subject to the Donor's approval, Jon will make contact with the Certificate Provider to confirm they are fully aware of the need for their compliance with the Certificate Provider's Statement, and the list of Restrictions, as shown in Section 10 on Page 11 of the LPA, and can verify the Donor's mental capacity.

6.1The Office of the Public Guardian (OPG) charges £92 to register each of the LPA's, for Financial decisions (Form LP1F), and Health and Care (Form LP1H), therefore a total of £184 for both Applications. The OPG data shows they reject 15% of applications due to errors, and also charge an additional £46 for any LPA that is rejected, due to an error, and has to be re-registered.

6.2CSC charges a total of £50 for the LPA Assisted Application Service, to include the Assisted Application costs of both the Financial and the Health and Care Applications, together with an additional charge for postage and printing costs.

6.3CSC is able to offer a discount for those LPA Applications made by Couples (Wife/Husband/Partners) when the Applications are made at the same time, and contain the same Attorneys and Witnesses, and the Cost will be £75 for LPA Applications from both, which will include for Financial and Health Care.

6.4The Donor may be entitled to a remission, or exemption, from paying the full cost of £92 per LPA for either half the price, or free of charge, if the Donor earns less than £12,000 per year, or are on 'means tested benefits'. An application for a remission, or exemption, MUST be made at the same time as the LPA is registered with the OPG.

7.1Payments to the Office of the Public Guardian can be made by Cheque, at the time of Registration of the LPA. Alternatively payment can be made by Credit/Debit Card, which will require the Applicant to provide the Card Payee's contact telephone number in Section 14, on Page 19 of the LPA, and a member of the OPG will make contact to take card details.

7.2The Applicant will be required to make an initial non-refundable payment of £20 to CSC at the commencement of the LPA Assisted Application Service (see Paragraph 4.8 above). On receipt of the payment CSC will provide the Applicant with the Guidance Note, and the LPA for Financial Decisions (Form LP1F), either by e-mail, or by Second Class Post.

7.3Payments to CSC can be made by Bank Transfer to the Caldwell Security NatWest Bank Account, which is the CSC preferred option, and Account details can be provided to the Applicant by e-mail, or via a telephone call. Alternatively the Applicant can pay by Credit/Debit Card, via the Telephone, to the CSC Mobile Phone Number, at a time and date previously agreed with Jon.

9.1Caldwell Security Consultancy Services (CSC) is compliant with the General Data Protection Regulations (GDPR) and are committed to respecting, and protecting the privacy, and confidentiality of all our Clients, and anyone using our Website or Services. We do not share any personal data, other than what is required to provide the Lasting Power of Attorney Assisted Application Services for our Clients.

9.2The information provided by the Applicant to enable us to prepare the Donor's Lasting Power of Attorney Forms is only stored on the Company secure database until confirmation is received that the Office of the Public Guardian (OPG) has approved and registered the Application. The Company will store a scanned copy of the original LPA Form, containing signatures and dates, because the original document, with 'wet' signatures, is required to be posted direct to the OPG. On receipt from OPG that the Application has been Registered all of the data held by CSC will be deleted from the Company database, unless the Client requests the data be removed sooner, or informs the Company that the data can be retained for a longer specified period, to reduce the risk if the OPG mislays the Application at a future date.

9.3The Client is entitled to view, amend, or delete, any of their personal information that is held by CSC, and the Client should either send an e-mail, or contact the Company by telephone, to make their request, and Jon Caldwell, Company Director, will deal with the request accordingly.

9.4The Company reserves the right to amend the Terms and Conditions at any time by giving 60 days' notice.

9.5Intellectual Property – The Company shall retain all Intellectual Property Rights in all documents, including the Terms and Conditions, Guidance Note and Advisory Note, software, or other materials provided for use in connection with the LPA Assisted Application Services.

9.6Confidentiality – Unless already known in the public domain, or required by law, the Company and the Client will always keep confidential, and not use or disclose to any third party, without the other Party's written consent, any confidential information, in whatever form, relating to the other Party's business, technology, customers and the Terms of the Contract.

10.1The Company will perform the LPA Assisted Application Services with reasonable care and skill, using previous expertise and knowledge, and advice received from the Office of the Public Guardian. Jon Caldwell, CSC Director, will undertake a full 'quality review' of the LPA Applications to reduce the risks of any errors, but cannot guarantee that the OPG will not reject the LPA Application. Jon will make every effort to reduce any errors at no additional cost to the Applicant, with the exception of the OPG re-application fee of £46, which if necessary the Applicant will be required to pay.

The following terminology is used throughout these Terms and Conditions: