Your statutory rights are not affected.
You normally have 14 days to cancel a distance or off-premises service contract. Our normal process is to start the agreed work once instructions and the agreed payment have been received, with your express early-start request and separate full-performance acknowledgement. Starting work alone does not remove cancellation rights. On full performance, the cooling-off right ends where the legal requirements are met; remedies for faulty services remain available. Read the Cancellation Information for the notice and optional model form. If you have an agreed quotation from us, complete the terms acceptance step. Questions: contact@clearwillwriting.co.uk.
1. Scope of the service
Depending on your agreed instruction, our service may include:
- gathering information required for the LPA;
- preparing the relevant LPA documentation;
- discussing attorney and replacement-attorney details;
- discussing how attorneys are to act;
- preparing preferences and instructions based on the donor's instructions;
- supplying drafts for review;
- making reasonable corrections or amendments;
- preparing final LPA documentation;
- providing signing and execution guidance;
- checking completed documents to the agreed extent;
- assisting with submission to the Office of the Public Guardian (OPG); and
- responding to routine OPG administrative queries where included in scope.
The exact scope, price, fee treatment, assistance extent and completion point are confirmed in writing before work begins. Preparation-only work does not include registration assistance. Not every registration issue is included in the standard service.
The General Terms & Conditions and the relevant substantive LPA Service Terms apply. These terms add provisions specifically about preparation, execution support and registration assistance, without repeating the general contractual or substantive attorney-authority terms.
2. Types of LPA
The service may relate to a Property & Financial Affairs LPA, a Health & Welfare LPA, or both.
The Property & Financial Affairs LPA Service Terms and/or Health & Welfare LPA Service Terms apply according to the LPA types in the agreed service. Where both types are agreed, both sets of substantive terms apply.
Each LPA must reflect the donor's own instructions. Registration does not by itself determine when attorneys may act.
3. Who is the client?
The donor is normally the client and must give their own instructions freely, with the required capacity to make the LPA.
If someone else makes the initial enquiry or assists with administration, we may still need to communicate directly and privately with the donor. Practical assistance does not replace the donor's independent instructions.
4. Information required
We require complete and accurate information concerning:
- the donor;
- attorneys and replacement attorneys;
- the certificate provider;
- people to be notified, where applicable;
- addresses, dates of birth and contact details;
- how attorneys are to act;
- preferences and instructions; and
- the life-sustaining-treatment choice, where relevant.
The donor is responsible for supplying complete and accurate information. Errors or omissions may delay or prevent registration. This does not remove our duty to exercise reasonable care and skill.
The Health & Welfare life-sustaining-treatment choice is made separately from contractual acceptance. Do not supply diagnoses or treatment details merely to accept terms.
5. Draft preparation
We prepare the LPA from the information and instructions supplied. A draft may be provided for review before finalisation.
The donor must carefully check names, dates of birth, addresses, attorney appointments, replacement attorneys, how attorneys act, preferences, instructions and other details.
Raise any error or uncertainty before finalisation. Approval does not waive statutory rights or transfer responsibility for our own errors.
6. Corrections and amendments
Reasonable corrections or amendments needed to reflect the agreed instructions are included. Changes beyond the agreed scope will be discussed before chargeable work is undertaken.
Reasonable corrections needed to reflect the agreed instructions may be included. Unlimited amendments are not automatically included. Changed instructions or additional work outside the agreed scope will be discussed and fairly priced before chargeable extra work begins.
7. Certificate provider
Unless expressly agreed otherwise in writing, the donor must arrange a certificate provider who satisfies the legal requirements.
The certificate provider has a distinct role concerning the donor's understanding and freedom from undue pressure. Our preparation service does not replace that role or amount to a medical capacity assessment.
We do not act as attorney under the standard service.
8. Signing order and execution
The process may involve the donor, witnesses, certificate provider, attorneys and replacement attorneys. We provide signing guidance; the donor and other participants must follow it carefully.
Incorrect signatures, dates, witnessing or sequencing may cause delay, requisitions, rejection, correction or resubmission.
Contact us before submission if there is any doubt. Preparing a draft, accepting terms or checking administrative details is not a substitute for proper execution.
9. Checking signed documents
Where checking is included, we carry out a reasonable administrative review for obvious errors or omissions to the agreed extent.
This does not guarantee that every defect will be identified, that the OPG will accept the application, or that no further query will arise. It is not a guarantee of registration.
These limits do not remove our obligation to exercise reasonable care and skill.
10. Registration with the Office of the Public Guardian
Where assistance is included, we may prepare registration information, assist with submission, provide administrative support, respond to routine queries and monitor progress to the agreed extent.
We do not guarantee acceptance, registration, registration time, absence of objections or requisitions, or absence of delays.
Our written scope states the agreed assistance and completion point. Preparing an application alone does not complete a promised submission, and submission alone does not complete any further expressly agreed support.
11. OPG fees
The OPG may charge a registration fee. This is a third-party government fee, distinct from our professional fee. Government fees may change.
Your written quotation confirms whether the OPG registration fee is included in our quoted price or is payable separately; neither fee model is assumed by these terms.
Your written quotation or engagement confirmation identifies the applicable fee treatment. For both LPA types, it identifies any fees applicable to each application. Do not assume that one fee covers both or that exemption is guaranteed.
12. Fee remissions or exemptions
Some applicants may qualify for a reduction or exemption under the applicable rules.
We may provide general information but cannot guarantee eligibility. The donor is responsible for supplying any required evidence through the appropriate process, not through the terms-acceptance form.
13. OPG queries and requisitions
The OPG may request clarification, corrections or further information, raise a requisition, reject an application, or require a fresh application or resubmission.
Problems caused by our errors are addressed consistently with our duty to exercise reasonable care and skill and applicable consumer rights.
Additional work may be required because of incorrect donor information, incorrectly completed signatures, failure to follow signing instructions, delays by attorneys or certificate providers, changed circumstances or third-party actions.
Any additional charge must be agreed fairly before chargeable extra work begins. This does not transfer responsibility for our own errors to the donor.
14. Rejections
An application may be rejected or returned by the OPG. Rejection does not automatically establish a breach of our contract; its reason will be considered.
Where rejection results from our failure to exercise reasonable care and skill, appropriate remedial work will be undertaken consistently with applicable consumer rights.
Where it results from matters outside our responsibility, further work may be separately chargeable, subject to fair advance agreement. No automatic charge or exclusion of statutory remedies applies.
15. Objections to registration
Objections or registration disputes may fall outside the standard service.
The service does not include contested OPG proceedings, Court of Protection applications, litigation, family or attorney disputes, or representation in contested matters. Specialist legal advice may be required.
16. Timescales
OPG processing times are outside our control. Any timeframe stated is an estimate unless a different commitment has been expressly agreed separately; the standard service does not guarantee registration by a particular date.
Delays may arise from OPG workloads, errors or missing information, signatures, certificate-provider or attorney delays, objections, requisitions, postal delays or technical issues.
17. Online and paper LPAs
Depending on the process available and appropriate at the time, preparation and registration assistance may use online preparation, paper forms or a hybrid workflow.
We explain the process applicable to the agreed service. Do not assume a particular format will always be available or that preparing information online completes every execution requirement.
18. Responsibility for other participants
We are not responsible for delays or errors caused solely by attorneys, replacement attorneys, certificate providers, witnesses, people to be notified or other third parties.
This does not exclude responsibility where our own lack of reasonable care and skill contributed to the problem, or otherwise limit applicable consumer rights.
19. Client delays
Delays in providing information, reviewing drafts, arranging signatures, obtaining certificate-provider completion, returning documents or paying third-party fees may delay the service.
If instructions remain inactive for a prolonged period, we may contact you to discuss the position before placing the matter on hold or closing it. We do not automatically close an inactive instruction without this contact process.
We do not impose an arbitrary automatic closure period through these terms. Any fair charges or effect on work already completed remain subject to the agreed scope, the General Terms and applicable law.
20. Change of circumstances before registration
Tell us promptly if relevant circumstances change before registration, including an attorney's unwillingness to act or death, a change of address or donor instructions, capacity concerns, relationship breakdown, discovery of an existing LPA or another material change.
Fresh documentation or revised instructions may be needed. Additional chargeable work requires fair advance agreement.
21. Capacity during the process
If concerns arise about the donor's capacity during preparation or registration, we may pause work, request further evidence or recommend specialist advice. The matter may not be capable of proceeding as intended.
We do not provide medical capacity assessments. Acceptance of these terms is not a finding of capacity.
22. After registration
Registration does not automatically include:
- ongoing advice to or supervision of attorneys;
- monitoring of the donor;
- financial management;
- health or welfare decision support;
- annual reviews; or
- revocation monitoring.
Later assistance requires a separate agreed instruction.
23. Registered documents and access
Registered documents, activation details and access information should be kept safely.
Custody and any agreed return of LPA documents will be confirmed in writing as part of your agreed arrangements.
Unless separate written storage arrangements are agreed, the client is responsible for safe custody of original documents and access information.
We may retain copies and administrative records under the Privacy Policy. Permanent document storage is not automatically included.
25. Use of the LPA
This depends on the LPA type, donor capacity, its terms and applicable law. Read the Property & Financial Affairs LPA Service Terms and/or Health & Welfare LPA Service Terms relevant to the agreed service.
In particular, Health & Welfare attorneys do not take over while the donor can make the particular decision. These preparation terms do not expand either type's substantive authority.
26. Revocation or replacement
Future revocation or replacement is not automatically included in the original service. A separate instruction may be required.
Do not assume that preparation of a new document automatically completes legally effective revocation. These terms do not provide a detailed revocation procedure.
27. Court of Protection
The standard preparation and registration service does not include deputyship applications, Court of Protection litigation, attorney disputes, capacity proceedings, contested welfare or financial applications, or removal of attorneys.
Specialist legal advice may be recommended.
28. Foreign use
Registration in England and Wales does not guarantee recognition abroad.
Where overseas use is expected, specialist advice concerning the relevant jurisdiction may be required. We do not advise on foreign law within the standard service.
29. Cancellation
The General Terms & Conditions and Cancellation Information apply to distance and off-premises contracts, immediate commencement, statutory cancellation, proportionate charges and loss of the cooling-off right after full performance.
Our normal process is to begin agreed work once instructions and agreed payment have been received and the engagement confirmed. Before an early start during the cancellation period, we obtain a separate express early-start request and advance full-performance acknowledgement, neither pre-selected.
Starting alone does not end cancellation rights or automatically make payments non-refundable. Cancellation before full performance may involve only a lawful, reasonable and proportionate charge for services actually supplied compared with the agreed service as a whole. Refunds and other statutory remedies remain governed by the General Terms and applicable law.
For LPA preparation-only services, full performance normally requires the LPA to have been prepared, final documentation supplied, signing guidance provided and all other agreed work completed.
For preparation plus registration assistance, full performance normally requires preparation and supply of final documentation, execution support to the agreed extent, completion of the agreed registration paperwork or online submission, completion of routine agreed administrative assistance and all other agreed work.
The written scope identifies submission to the OPG or completion of specified administrative assistance as the assistance completion point. Submission alone does not complete any further expressly agreed work. OPG processing may continue after our agreed contractual work is complete. Successful registration is not a completion requirement or guaranteed outcome of the standard service.
Successful registration is not sold or guaranteed as part of this standard service. A different commercial commitment would require express separate agreement, not an assumption based on these terms.
The statutory cooling-off right ends on full performance only where the required express request and advance acknowledgement and all other applicable legal requirements have been met. A draft alone is not full performance.
This does not remove remedies for faulty services, failure to exercise reasonable care and skill, or other applicable statutory rights.
30. Completion of the service
Completion is defined by the agreed work, not the OPG's outcome.
For preparation-only work, final documentation and execution guidance must be supplied and all other agreed tasks completed.
For preparation plus registration assistance, the agreed preparation, execution support, registration-assistance work and all other agreed tasks must be completed. The written scope identifies submission to the OPG or completion of specified administrative assistance as the assistance completion point.
OPG processing may continue afterwards. Neither successful registration nor a particular OPG date is guaranteed.
Merely labelling work complete does not override section 29, the General Terms or outstanding tasks expressly included in the agreed scope.
31. Relationship with other terms
These terms must be read together with the General Terms & Conditions and the relevant Property & Financial Affairs LPA Service Terms and/or Health & Welfare LPA Service Terms.
These LPA Preparation & Registration Service Terms add provisions specifically about preparation, execution support and registration assistance.
Where an inconsistency specifically concerns preparation or registration mechanics, these terms take precedence. The substantive LPA terms continue to govern the relevant type's attorney-authority provisions.
Nothing in these terms affects your statutory rights.