1. Important Information to Note. 

1.1 It 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. 

2. Our Contract. 

2.1 Please find set out below the Terms and Conditions upon which Caldwell Security Consultancy (Hitchin) Limited (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. Cancellation of Services. 

3.1 Under 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. LPA Assisted Application Process. 

4.1 Once the Applicant has read and agreed these Terms and Conditions they should then book a Telephone Consultancy through the CSC Website www.caldwellsecurity.co.uk, or send an e-mail to jon@caldwellsecurity.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 CSC and the Client. 

4.2 Jon 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 application being rejected, prior to the completed, signed and dated Application being sent to the Office of the Public Guardian (OPG) for Registration via Recorded Delivery Postage. 

4.3 Jon 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 CSC Website www.caldwellsecurity.co.uk . 

4.4 There 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 Donors Finance and Health, on the Donors behalf, if the Donor is no longer able to make them. 

4.5 Once the Donor has agreed to make a Lasting Power of Attorney they can either, request Jon send them a copy of the LPA Forms, 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 an electronic copy of the Terms and Conditions, the LPA Forms, and the Guidance Note he has developed, which explains in more detail what information is required to be provided on the LPA Application Form. 

4.6 Jon is also able to offer a Telephone LPA Assisted Application Service, whereby he can e-mail a copy of his Telephone 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. 

4.7 If it is not possible for the Donor, or Applicant, to receive the LPA Forms, or Questionnaire, electronically, it is possible for Jon to send a copy of the Telephone Questionnaire, and the LPA Form, 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 Telephone Questionnaire back to Jon for him to complete the LPA Form on-line. 

4.8 Prior to CSC sending the Applicant the Telephone Questionnaire, or alternatively sending the Guidance Note, and the LPA Application Form for Financial Decisions (Form LP1F), 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. 

4.9 The 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 Section 5, on Page 6 of Form LP1H, relating to Life-sustaining Medical Treatment.  Therefore Jon will only provide a copy of Form LP1F, together with just Section 5 on Page 6 of Form LP1H, for the Applicant to handwrite the answers to each of the information requests, and then return them back to Jon at CSC.  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. 

4.10 The Applicant will then be required to make the final payment of £30, plus any postage and printing costs, 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 should be signed and dated. 

4.11 Once 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 £2.70 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. 

4.12 On 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 £41 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. 

4.13 Once Jon has completed the ‘quality review’, and confirmed there are no errors that would require the LPA Form 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 can choose either the Tracked 48 Service at a cost of £2.70, plus 50p for the A4 Envelope, or the Tracked 48, with Signature Service, at the cost of £4.20, plus a 50p A4 Envelope, which will required to be paid, together with the final £30, as shown in Paragraph 4.10 above.  This will ensure the original LPA Forms are not mislaid by Royal Mail, or the OPG. 

5. Donors Mental Capacity. 

5.1 It 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 Donors behalf, including when the Donor is unable to act for themselves, because of the Donors lack of mental capacity. 

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

6. Costs. 

6.1 The Office of the Public Guardian (OPG) charges £82 to register each of the LPA’s, for Financial decisions (Form LP1F), and Health and Care (Form LP1H), therefore a total of £164 for both Applications. The OPG data shows they reject 15% of applications due to errors, and also charge an additional £41 for any LPA that is rejected, due to an error, and has to be re-registered. 

6.2 CSC 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. 

6.3 CSC 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. 

6.4 The Donor may be entitled to a remission, or exemption, from paying the full cost of £82 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. Payments. 

7.1 Payments 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 Payees 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. 

7.2 The 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. 

7.3 Payments 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. 

8. Postage and Printing Costs. 

8.1  

Printing LPA Form LP1F or LP1H 

£1.50 each 

Postage (Second Class) including A4 Envelope  

£3.00 

Royal Mail Tracked 48 Postal Service and Envelope 

£3.20 

Royal Mail Tracked 48 with Signature Postal Service 

£4.70 

9. Privacy Notice. 

9.1 Caldwell Security Consultancy Services (CSC) is compliant with the General Data Protection Regulations (GPDR) 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. 

9.2. The information provided by the Applicant to enable us to prepare the Donors 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. 

9.3. The 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. 

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

9.5 Intellectual 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. 

9.6 Confidentiality – 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. LPA Assisted Application Services Liability. 

10.1 The 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 £41, which if necessary the Applicant will be required to pay.  

11. Terminology. 

11.1. The following terminology is used throughout these Terms and Conditions; 

LPA – Lasting Power of Attorney – the legal document used when the Donor gives their authority for their nominated Attorney to make decisions on their behalf in the event that the Donor has lost the capacity to make decisions, and is unable to do so because of illness, or death, or lack of mental capacity. 

Form LP1F – LPA Finance Application Form – used by the Donor to authorise their Attorney(s) to make all financial decisions on the Donors behalf, for example running Bank and Savings Accounts. 

Form LP1H – LPA Health and Care Application Form – used by the Donor to authorise their Attorney(s) to make all Health and Care decisions on the Donors behalf, for example the type of health care, and medical treatment, including lifesaving treatment the Donor may require. 

LPA Applicant – the person responsible for providing the LPA information – the Applicant can be either a relative, or friend of the Donor, who is considered by the Donor to be trustworthy and able to complete the LPA Application Form on the Donors behalf following personal consultation. 

OPG – Office for the Public Guardian – The Government Department, located in Birmingham, responsible for the Registration of all Lasting Power of Attorney Applications. 

Donor – is the person who has created the Lasting Power of Attorney, and given their authority for certain decision-making powers to someone else.  At the time of making the LPA the Donor must be at least 18 years old, and have the required mental capacity to make the decisions. 

Mental Capacity – having the necessary ‘mental capacity’ means the Donor has the ability to make a specific decision, at a specific time.  The Donor must have a general understanding of the decision they need to make, why they need to make it, and what is likely to happen when they make it. 

Attorney – the person, or persons, appointed by the Donor to help them make decisions when the Donor is no longer able to do so.  Attorneys should be people the Donor knows and trusts, must be 18 years old, and can be a relative, or close friend. 

Certificate Provider – the Certificate Provider must be independent of the LPA Application, must not be related to the Donor, or any of the Attorneys, must be over 18 years old, must have known the Donor for at least two years.  The Certificate Provider must be able to act in the interest of the Donor, must ensure the Donor has the necessary mental capacity, and ensure the Donor understands the implications of making the LPA. 

Witness – the Witness, to the signature of the Donor, must be someone over 18 years old, and not a named Attorney, or Replacement Attorney.  The Witness, to the Attorneys signature, must be someone over 18 years old, and cannot be the Donor.  Attorneys, or their relatives, or friends, must be over 18 years old, and can witness each other’s signature.  The Certificate Provider can witness the Donor and the Attorneys signature.  Signatures cannot be witnessed online, and must be done in person. 

Remission and Exemption - of the LPA Application Costs – a 50% reduction can be claimed by the Donor if they earn less than £12,000 a year before tax.  The Donor can apply for an Exemption if they receive certain qualifying ‘Means Tested Benefits’. 

GDPR – General Data Protection Regulation – the Data Protection Act 2018 is the UK’s implementation of the GPDR European Union Regulation and requires everyone responsible for using personal data to follow the data protection principles and must make sure information is used fairly, lawfully and transparently. 

CRA 2015 – Consumer Rights Act 2015 – the Act gives Consumers rights when they buy goods and services, or digital products, and all products and services must be of satisfactory quality, fit for purpose, and as described.  Any concerns or claims under the CRA 2015 should in the first instance be reported to the Company (Caldwell Security Consultancy) who will make every effort to rectify the issue as soon as possible. 

CSC – Caldwell Security Consultancy Hitchin Limited – the Company responsible for providing the Lasting Power of Attorney Assisted Application Service. 

Jon Caldwell – Company Director of Caldwell Security Consultancy and who will be responsible for providing any advice or guidance with regard to the LPA Application, and will be responsible for delivering the LPA Assisted Application Service.