Property & Financial Affairs LPA Service Terms

1. What is a Property & Financial Affairs LPA?

A Property & Financial Affairs Lasting Power of Attorney (LPA) allows a person, called the donor, to appoint one or more attorneys to make decisions about property and financial matters.

Depending on its wording and the circumstances, attorneys may be able to deal with:

• bank and building society accounts;
• paying bills;
• managing investments;
• pensions or benefits;
• buying or selling property; and
• other financial affairs.

Attorneys do not have unrestricted powers. Their authority depends on the LPA itself, the donor's instructions and preferences, applicable law and the circumstances in which they act.

2. Scope of the service

Depending on the agreed instruction, our service may include:

• discussing the donor's intended arrangements;
• explaining the role of attorneys and replacement attorneys;
• discussing how multiple attorneys may be appointed to act;
• discussing preferences and instructions;
• preparing the LPA documentation;
• providing a draft for review;
• making reasonable amendments to reflect the donor's instructions;
• preparing and supplying the final LPA;
• assisting with registration with the Office of the Public Guardian (OPG); and
• providing signing and execution guidance.

The precise scope and price are confirmed in writing before work begins, including whether registration assistance is included and the agreed extent and completion point of that assistance. Not every LPA-related task is included.

The General Terms & Conditions apply. These terms add provisions specific to preparation and registration assistance for a Property & Financial Affairs LPA, rather than repeating the General Terms.

3. Who is the client?

The donor is normally the client for the LPA preparation service and must give their own instructions freely.

Attorneys, family members and others may assist with logistics, but cannot replace the donor's own instructions where the donor has capacity to give them. If someone else makes the initial enquiry, we may need to speak directly to the donor before accepting the instruction.

4. Mental capacity

Where there are concerns about understanding, memory, decision-making, pressure, coercion, undue influence or the authenticity of instructions, we may:

• ask the donor questions directly;
• speak to the donor without others present;
• ask for further information;
• pause the instruction;
• recommend a medical assessment or specialist legal advice; or
• decline to proceed.

If capacity is uncertain, appropriate evidence or specialist advice may be needed before work continues. Preparing a document or accepting this service's terms does not establish that the donor has capacity.

5. Free and independent instructions

The donor's instructions must be given freely and without improper pressure. We may refuse or stop acting if there are concerns about undue influence, coercion, abuse, fraud, financial exploitation, family pressure, conflicting instructions or suspicious circumstances.

The donor may be asked to confirm their instructions privately. Assistance from a family member or proposed attorney does not override the donor's independent choices.

6. Attorneys

The donor chooses their attorneys. We may explain the role in general terms but do not:

• select attorneys for the donor;
• guarantee that an attorney is suitable;
• supervise attorneys;
• monitor their later conduct; or
• assume responsibility for future misconduct where no negligence by us is involved.

Consider trustworthiness, age, availability, location, financial competence, relationships between attorneys and possible conflicts of interest. Discuss the proposed role with those you wish to appoint where appropriate.

Clear Will Writing does not act as attorney under this standard service. Explaining or preparing an appointment is not our acceptance of that role.

7. Replacement attorneys

The donor may choose replacement attorneys where appropriate. They may step in if an original attorney can no longer act, depending on the LPA's structure and applicable law.

Not every appointment structure allows a replacement to act in every circumstance. Consider how the proposed replacements would operate within the chosen arrangements and raise any uncertainty before finalisation.

8. How attorneys act

Where more than one attorney is appointed, the donor must decide how they should act. Arrangements may include:

• jointly, normally meaning decisions must be made together;
• jointly and severally, normally meaning attorneys may act together or independently; or
• different arrangements for different decisions, where legally appropriate.

More complex structures may have significant practical effects. If the proposed arrangement is unusual or may create practical problems, we may recommend specialist advice. These general explanations are not a guarantee that every arrangement will work in every situation.

9. Preferences and instructions

Preferences are guidance the donor would like attorneys to consider. Instructions are binding directions attorneys must follow, subject to law.

Poorly drafted instructions may be impractical, conflict with the law, make the LPA difficult to use or create uncertainty. We may recommend different wording or decline wording that appears unlawful, contradictory or unworkable.

Tell us clearly what you intend and ask questions about wording before approval.

10. Restrictions on attorneys

Attorneys have legal duties and cannot simply do whatever they wish. They must act within the authority given by the LPA and applicable law.

The standard service does not include ongoing advice to attorneys about later decisions. Attorneys may need independent legal, tax or financial advice when acting.

11. Gifts

Attorneys do not have unrestricted authority to make large gifts, transfer substantial assets, give away property or benefit themselves freely.

More extensive gifting may require separate authority or specialist legal advice. Detailed court-application advice is outside the standard service.

12. Property transactions

A registered Property & Financial Affairs LPA may allow attorneys to deal with property matters within their authority. Our service does not include:

• conveyancing;
• property transfer documentation;
• Land Registry legal work; or
• tax advice on property transactions.

Actual property transactions may require separate legal or conveyancing advice. Preparing the LPA does not carry out a transaction or alter ownership.

13. Business interests

Tell us if the donor owns shares, a company, a partnership interest, a sole-trader business or other business assets.

An LPA may interact with company law, partnership or shareholder agreements, articles of association and business succession arrangements. It does not automatically resolve every business-management issue. Specialist corporate or legal advice may be appropriate.

14. Banks and financial institutions

Banks and other institutions may have their own procedures for recognising and using an LPA. We cannot guarantee their processing speed, identification checks, additional forms or operational acceptance timing.

A registered LPA remains subject to institutions' lawful verification procedures. Our preparation or registration assistance does not replace those checks.

15. Certificate provider

The certificate provider has a distinct role, including confirming that the donor understands the LPA and is not being improperly pressured, in accordance with the legal requirements.

Certificate-provider services are not included unless expressly agreed in writing. Where we do not act in that role, the donor must arrange an appropriate certificate provider who meets the legal requirements. Do not assume that every member of staff can act as certificate provider.

16. People to be notified

Where applicable, the donor may choose people to be notified of the LPA application. If relevant to the chosen process, we may explain the practical requirements.

Notification is not presented as mandatory in every case where the applicable law or process allows otherwise. Any agreed notification assistance must be identified in the scope.

17. Signing and execution

We provide signing guidance. The donor and relevant participants must follow the execution process carefully, including donor signatures, witness signatures, attorney signatures, certificate-provider completion and other required confirmations.

Incorrect completion may delay registration or cause refusal. If there is any doubt, contact us before signing or submitting the document.

18. Registration with the Office of the Public Guardian

Registration assistance is included only if agreed in the scope. Registration is ultimately controlled by the OPG, not by us.

We cannot guarantee acceptance, registration time, absence of queries or requisitions, or government processing times. Completing our agreed assistance does not mean the LPA has been registered or is ready to use.

19. Office of the Public Guardian fees

The OPG may charge a registration fee. This is a third-party government fee, separate from our professional fee unless expressly included in the quoted price.

The applicable fee may change. We may provide general information about possible exemptions or remissions, but do not guarantee eligibility. Check the applicable arrangements when the application is made.

20. OPG queries, rejections or requisitions

The OPG may raise questions, request corrections or information, reject an application or require resubmission.

Where an issue arises because of our error, we will address it consistently with our duty to exercise reasonable care and skill and applicable consumer rights.

Additional work may be needed where information supplied was inaccurate, signatures were completed incorrectly after guidance was given, circumstances changed, or the donor or another participant did not follow instructions.

Any additional charge must be agreed fairly before chargeable extra work is undertaken. This does not shift responsibility for our own errors to the client or remove statutory remedies.

21. When the LPA can be used

Once registered, a Property & Financial Affairs LPA may, depending on the donor's choices and the legal position, be capable of use while the donor still has capacity.

The donor may place appropriate restrictions or instructions on its use. It does not automatically operate only after loss of capacity, and it cannot be used before registration.

The donor's choices, the LPA's terms and applicable law determine when and how attorneys may act.

22. Loss of capacity

One purpose of the LPA is to allow chosen attorneys to continue dealing with property and financial matters if the donor later loses capacity, within their authority and legal duties.

We do not monitor future capacity, decide when the donor loses capacity, provide medical assessments or supervise later attorney decisions.

23. Attorneys' future duties

Attorneys may have duties under the Mental Capacity Act and other applicable law. They must act within their authority and comply with those duties.

The standard service does not include ongoing attorney training, supervision or legal advice. Attorneys may need specialist advice when difficult decisions arise.

24. Abuse or misuse

We do not accept responsibility for an attorney's future unlawful or improper conduct where the attorney was freely chosen by the donor and no negligence by us is involved.

This is not an absolute exclusion. It does not exclude responsibility for our own failure to exercise reasonable care and skill or affect statutory consumer rights. The General Terms' liability provisions also apply.

25. Revocation of the LPA

A donor with the required capacity may be able to revoke an LPA. The standard preparation service does not automatically include future revocation work.

A separate instruction may be required to revoke or replace the LPA, and appropriate legal advice may be needed. Do not assume that a new document or informal statement automatically completes an effective revocation.

26. Death of the donor

An LPA does not continue after the donor dies. Authority to deal with the deceased person's estate then comes from the appropriate estate-administration framework, not the LPA.

Probate services and estate administration are not part of this LPA service.

27. Death or incapacity of an attorney

An attorney's death, incapacity, bankruptcy or other inability to act may affect the LPA, depending on the appointment structure, replacement attorneys and applicable law.

The donor should review the arrangements if an attorney can no longer act. We do not guarantee that the document continues to function in every structure and do not monitor attorneys' future availability.

28. Bankruptcy

Bankruptcy of the donor or an attorney may affect a Property & Financial Affairs LPA. Tell us if this is relevant to the proposed arrangements.

Detailed bankruptcy advice is not included. Seek specialist advice about the effect on the LPA and any proposed appointment.

29. Existing LPAs or powers of attorney

Tell us about any existing LPA, Enduring Power of Attorney, other power of attorney, court-appointed deputyship or relevant existing authority arrangement.

A new LPA may interact with or affect existing arrangements. Specialist advice may be required where multiple documents or authorities exist; do not assume a new LPA automatically resolves them.

30. Court of Protection

The standard service does not include:

• Court of Protection applications;
• deputyship applications;
• contested capacity proceedings;
• attorney-removal applications; or
• litigation.

If these issues arise, specialist legal advice may be required.

31. Tax, investments and financial advice

The standard LPA service does not include:

• tax advice;
• investment advice;
• regulated financial advice;
• portfolio management;
• pension advice; or
• accounting advice.

Attorneys may need an appropriately authorised or qualified professional when managing finances. Preparing the LPA is not a recommendation about particular investments or financial products.

32. Foreign assets or foreign use

An English and Welsh LPA may not automatically be accepted or effective in another country.

If the donor owns foreign assets or expects attorneys to act abroad, specialist foreign-law advice may be needed. We do not advise on foreign law within the standard service.

33. Draft review

The donor must carefully review the draft LPA, including:

• attorney names;
• replacement attorneys;
• addresses;
• dates of birth;
• how attorneys act;
• preferences;
• instructions;
• notification arrangements; and
• other entries.

Raise concerns, errors or uncertainties before finalisation.

34. Client approval

Before finalisation, the donor will normally be asked to confirm that the LPA reflects their instructions.

Approval does not waive statutory rights or remove our duty to exercise reasonable care and skill. It does not make us responsible for incorrect information supplied by the donor where no failure by us is involved, nor does it transfer responsibility for our own errors to the donor.

35. Registration delays

Registration may take time. Any timeframe given is an estimate unless expressly guaranteed; this standard service does not guarantee registration by a particular date.

We are not responsible for delays caused solely by the OPG, incomplete signatures, third parties, missing information or matters outside our reasonable control.

This does not exclude responsibility for delays caused by our own failure to exercise reasonable care and skill.

36. Original documents

Custody and any agreed return of LPA documents will be confirmed in writing as part of your agreed arrangements.

Document custody arrangements are confirmed separately. We do not promise permanent storage or automatically accept responsibility for holding original registered documents.

Unless separate written storage arrangements are agreed, you remain responsible for keeping original registered documents or access details safely. We may retain copies and service records in accordance with the Privacy Policy.

37. Cancellation

The General Terms & Conditions and Cancellation Information apply to distance and off-premises contracts, immediate commencement, cancellation during the statutory period, proportionate charges and loss of the statutory 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 has been confirmed. Before starting during the applicable cancellation period, we obtain your separate express early-start request and advance full-performance acknowledgement. Neither is pre-ticked.

Starting work alone does not end cancellation rights or automatically make payments non-refundable. If you request an early start and cancel before full performance, any charge must be lawful, reasonable and proportionate to the services actually supplied compared with the agreed service as a whole. Any refund due is dealt with under the General Terms and applicable law.

For the agreed Property & Financial Affairs LPA service, full performance normally occurs when:

• relevant instructions have been obtained and considered;
• the agreed LPA has been prepared;
• the final LPA documentation has been supplied;
• signing instructions have been provided;
• any agreed registration-assistance work has been completed; and
• all other expressly agreed work has been completed.

For preparation-only work, registration assistance is not included. Where registration assistance is agreed, the written scope must identify whether completion is tied to submission to the Office of the Public Guardian or completion of the specified administrative assistance. Successful registration is not the completion condition for this standard service, and no registration outcome or processing time is guaranteed.

Supplying a draft alone is not full performance. Where registration assistance or signing support forms part of the agreed scope, supplying final documents alone does not complete that additional agreed work.

Where the required express request and advance acknowledgement have been given and all applicable legal requirements are met, the statutory cooling-off right ends on full performance. You cannot then cancel the completed service under that right merely because you change your mind.

This does not affect remedies for faulty services, failure to exercise reasonable care and skill, non-conformity with the agreed contract or other applicable statutory rights.

38. Completion

Completion depends on the agreed scope.

For preparation-only work, completion normally requires final LPA documentation and signing guidance to have been supplied, and all other agreed preparation work completed.

For preparation plus registration assistance, completion normally requires the final LPA to have been prepared and supplied, agreed signing support provided, the application prepared or submitted or otherwise assisted to the agreed extent, and all other agreed work completed.

The written scope must say whether the registration-assistance completion point is submission to the OPG or completion of the specified administrative assistance. If submission is agreed, assistance is not complete merely because an application has been prepared. If administrative assistance is agreed, each specified task must be completed.

Successful OPG registration is not a completion condition of this standard service. We do not guarantee that registration will be completed by a particular date. If you require a different commercial commitment, it must be expressly agreed separately; do not assume one is included.

Merely labelling work complete does not override the cancellation conditions in section 37 or the General Terms. The LPA must still be properly executed and registered before use.

39. Relationship with other terms

The LPA Preparation & Registration Service Terms also apply to the agreed preparation, execution support and registration assistance. Where an inconsistency specifically concerns preparation or registration mechanics, those shared terms take precedence; these substantive terms continue to govern attorney authority.

These Property & Financial Affairs LPA Service Terms must be read together with the General Terms & Conditions.

They add provisions specific to preparation and registration assistance for a Property & Financial Affairs LPA. If there is an inconsistency relating specifically to this service, these terms take precedence.

The General Terms cover matters including payment, consumer rights, complaints, liability and governing law. Nothing in these terms affects your statutory rights.