Kat's Wills and Estate Planning Lasting Power of Attorney Online Form-Kat's Wills And Esta

Kat's Wills and Estate Planning Lasting Power of Attorney Online Form

Welcome to Kat's Wills and Estate Planning online Lasting Power of Attorney (LPA) checking service. This has been introduced with the aim to ensure more people can access help and assistance when setting up an LPA. I understand that help and assistance in this area can be costly and although here at Kat's Wills and Estate Planning we aim to keep all of our prices as low as possible for our customers unfortuntely there are a lot of potential customers out there who cannot access the services due to the fees involved.

I honestly believe everyone should have LPA arranged as early possible for two key reasons:

1. You deserve to have a say in who manages your affairs when you are not able to manage them yourself.

2. It is cost effective to have it in place because if it is left until you no longer have capacity to deal with your own affairs then it can be costly for family members to apply to the court of protection to get guardianship over your affairs.

As a result I have considered how I can make assistance more accessible to people. I decided to create this guided online form to allow people to complete and have chgecked to ensure all of the information is included in the form would allow me to offer my services at a reduced rate compared to the fully advised and completion of the form. I have designed two services that will ensure I can offer people a more cost effective way of accessing help:

1) Standard service which means you complete the online form and I will check all of the information you have supplied and prepare the documents for you within a week after you have paid the relevant fee. The documents will be produced and emailed to you for you to print them off within a week.

2) Full service which means you complete the online form and I will check all of the information you have supplied and prepare the documents for you within a week after you have paid the relevant fee. The documents will be produced, professionally printed and delivered to you via tracked mail service within 2 weeks to allow additional time for postage.

This online service will have the following fees on top of the registration fees payable to the Office of Public Guardian (OPG) for the service:

# Standard Health and Welfare LPA OR Property and Financial - £90 per person plus OPG fees

# Standard Health and Welfare LPA AND Property and Financial - £150 per person plus OPG fees

# Full Service Health and Welfare LPA OR Property and Financial - £125 per person plus OPG fees

# Full Service Health and Welfare LPA AND Property and Financial - £195 per person plus OPG fees

With any of these services the answers you have given in this form will be thoroughly checked to ensure there are no errors or omissions in any part of the forms and all information is supplied to ensure the forms are ready to be registered with the OPG. However, I cannot be held responsible for any errors you may make to spellings of name or peoples date of births. I will use postcodes to ensure they match with the addresses you supply as long as they match I cannot be held liable for any errors in the details you may supply.

Once I have received your submitted form I will create an invoice for you to pay via bank transfer or paypal payment request depending on which you would prefer to use.

Terminology:

Donor - is the person who wishes to grant the LPA to their chosen attorney(s)

Attorney - is the person(s) who are being given control over another person's affairs whether it is health & welfare or property & finance.

Certificate Provider - is someone who will sign the form to confirm they believe the donor understands they are making the decision to allow the attorneys to make decisions on their behalf and that the donor has made the decision to complete the LPA on their own and they have not been forced into this by another person involved. They must have known the donor for a minimum of 2 years or be completing it in a professional capacity. A person completing it in a professional capacity such as a doctor, social worker or solicitor.

Witnesses - you will require a witness for your signature on the form but each of the named attorneys and back-up attorneys will require witnesses for their signatures. The witness for the donor has to be independent and cannot be a family member of the donor or of any of the named attorneys.

People to notify - are people who the donor wants to be notified that the LPA is being registered. This may be family members or friends

Requirements for completing the form

To complete this form you will need to have to hand full details about yourself, the attorneys, anyone you want to be notified that you are registering the LPA, any witnesses and the certificate provider if you want them to be typed into the form. The form will have to be completed in one go so please have the details to hand before you begin.

Please confirm you have the relevant details to hand to complete the form

Your full name, address and date of birth

Attorney(s) full name, address and date of birth

Back up attorney(s) full name, address and date of birth

Witnesses full name and address.

Certificate providers full name and address

People to notify full name and address

Please confirm which service you would like to receive

Standard Health and Welfare - £90.00 per person plus OPG fees

Standard Property and Financial - £90.00 per person plus OPG fees

Standard both - £150.00 per person plus OPG fees

Full Service Health and Welfare - £125.00 per person plus OPG fees

Full Service Property and Financial - £125.00 per person plus OPG fees

Full Service both - £195.00 per person plus OPG fees

Section 1 - About the Donor

In this section you will be asked to complete all of the relevant details that are needed to complete the form.

First Names including any middle names

Last Name

Phone Number

Address

Section 2 - About your attorneys

In this section you need to confirm how many attorneys you want to appoint and who they will be. It is important to choose people you trust and believe they will act in your best interest at all times. An attorney can be your partner, spouse/civil partner, family members, close friends or even a professional person if you choose. if you are completing both LPA's you need to consider if you want to use the same attorneys for both LPA's or different people for each one. Most people use the same attorneys but each case is differrent. You can have 1-4 attorneys but most people choose up to 2. I would always recommend you choose additional replacement attorneys to act incase your original choice is unable to do so. Your attorney must be over 18 years old. Your attorneys must not be bankrupt, have a debt relief order against them or be barred under Disclosure and Barring Service.

Will your chosen attorneys be acting on your behalf for both property and financial and health and welfare LPA's?

Yes

Not applicable I am only arranging one LPA

Please supply the full name, address and date of birth of each of your chosen attorneys also indicate which LPA they are going to act on your behalf for if only acting in one aspect.

Section 3 - How can your attorneys act for you?

Please consider this question carefully.

You can choose whether your attorneys have to act jointly on all decisions, jointly on some decisions and jointly & severally on others or jointly and severally on all decisions.

If you choose that the attorneys have to act jointly on all decisions and one of them were unable to make decisions for you for example they die or lose capacity your LPA will be invalid if there are no replacement attorneys named to take their place. This is because the remaining attorney does not have the ability to make decisions on their own.

If you choose that the attorneys have to act jointly on some decisions and can act jointly or severally on others this will limit what decisions the remaining attorney can make if one of them are not able to act on your behalf unless there are named replacement attorneys who can step in. This is because the remaining attorney has only been allowed to make decisions on their own in the situations you have allowed them to act jointly or severally.

If you choose jointly and severally this means all named attorneys can act either together or on their own with all decisions. This means that the LPA would be able to continue working while at least one of the named attorneys or replacement attorneys were alive and able to manage your affairs for you.

How would you like your attorneys to act?

Jointly on all decisions

Jointly on some decisions and severally on others

jointly or severally on all decisions

If attorneys have to make some decisions jointly and some decisions jointly or severally state what decisions they have to make jointly.

Section 4 - Replacement Attorneys

In this section you will be asked if you want to name replacement attorneys incase your original choices are unable to act for you at some point in the future.

Do you want to name back up attorneys to step in if any of your original attorneys are unable to act for you?

Yes - immediately even when there are still original attorneys to act for me

Yes - only when there are none of my original named people able to act on my behalf

Please supply the full name, address and date of birth of each of your replacement attorneys

Do you have a preferred order that the named replacement attorneys can begin to act?

Yes

How would you like your replacement attorneys to act?

Jointly on all decisions

Jointly on some decisions and severally on others

jointly or severally on all decisions

If replacement attorneys have to make some decisions jointly and some decisions jointly or severally state what decisions they have to make jointly.

Section 5 - Important decisions you must make when arranging your LPA.

In this section we will look at two key decisions you have to make when putting an LPA in place.

First one is connected to the Property and Financial LPA and you need to decide when this comes into force. You have the option to allow your chosen attorneys to be able to act immediately as long as they have your express permission. This can be good to set up if you have current mobility issues or concerns about future mobility issues and find it hard to get out of the house to go to the bank etc. This would allow your chosen attorneys to act on your behalf as soon as the LPA has been registered. Second option is that they can only act on your behalf when you no longer have the mental capacity to make decisions on your own.

If you choose to wait until you have lost capacity your attorneys may need to seek medical evidence to confirm the lack of capacity. With Health and Welfare your attorneys cannot make decisions until you are in a situation where you cannot make the decision yourself. Either due to lack of mental capacity or in emergency situations where you are physically unable to make decisions such as if you are unconscious following an accident or illness.

Second option is connected to the health and welfare LPA and you need to decide whether your attorneys should make decisions for you anout life sustaining treatment. This means that if you were in hospital would you want the doctors to have to give greater weight to what your attorneys express when important decisions have to be made. This can be beneficial when your attorneys know your wishes about resuscitation etc and you trust them to honour your wishes and express them to doctors at times when you cannot express them yourself. It can also let your attorneys make decisions about life support and other treatment measures. This can be a good thing as long as you have fully expressed your wishes to your attorneys and you trust them to support these wishes and make decisions inline with them. All decisions made ny your attoeneys would be ,ade in consultation with medical professionals.

Any decisions you make in this section will be able to be used by all named attorneys and cannot be allowed for some attorneys but not others.

When do you want your attorneys to be able to act on your behalf for property and welfare decisions?

As soon as the LPA is registered

Only when you do not have the mental capacity to act for yourself

Not applicable you are not arranging a property and financial LPA

Do you want your attorneys to make life sustaining treatment decisions on your behalf?

Yes

Not applicable I am not making a health and welfare LPA

Section 6 - People to Notify

In this section we will ask if you would like to notify anyone that you are setting up the LPA. This is an optional section and you do not want to notify people if you do not want to. The common people that may be notified are people who know you well and would raise concerns about the LPA being registered if they have concerns you may have been coerced or pressured into making the LPA.

Do you want to notify anyone that the LPA is being registered?

Yes

Please list the full names and addresses of up to five people you wish to be notified that you are registering an LPA

Section 7 - Preferences and Instructions

In this section I will ask you some questions to determine if you have any preferences or instructions to be added into your LPA to guide your attorneys about how to act for you in certain circumstances. A lot of people do not state any preferences or instructions but others like to ensure there are some listed to confirm your wishes while setting up the LPA. There will be a section for you to add in any other preferences or instructions in your own word. However, it is important you understand that attorneys have to follow rules set out by law and if your preferences or instructions contradict those rules or mean the attorneys are acting illegally they cannot be included or be legally binding.

Do you want your attorneys to have access to your will if they request it

Yes

Do you want your attorneys to make reasonable donations to charities on your behalf?

Yes - continue with the ones I currently contribute to

Yes - attorneys can choose who to contribute

Not applicable only setting up a health and welfare LPA

Do you want your attorneys to make reasonable valued birthday gifts to people on your behalf?

Yes

Yes to family members and/or friends as I currently do myself

Not applicable I am only making a Health and Welfare LPA

If you have online assets do you want your attorneys to manage them on your behalf?

Yes

Not applicable

Do you want your attorneys to be able to set up online banking for your bank accounts if they prefer to use online banking?

Yes

Not applicable

If there are any other instructions or preferences you would like to have included please list them here

Section 8 - Witnesses and Certificate Provider

In this section I will ask you about the witnesses who will be used and if you have chosen who your Certificate Provider will be. It is important you have a good think about this because there are some strict rules about who can be a witness or a certificate provider for the donor. The witnesses for the attorneys are more flexible. A witness for the donor (you) must be over 18 years old but they cannot be a family member or a spouse of yours or any of the named attorneys or replacement attorneys. The certificate provider again must not be related yourself or any of the attorneys including partners/spouses. They also must have known you for more that 2 years and be able to assess that they believe you are making the LPA without being pressured into it. A witness for the attorneys can be anyone even the attorneys themselves. There are no restrictions.

Do you want your witness details to be typed into the form?

Yes

No - they will be handwritten by the witness or myself when signing the form

If yes please supply the name and address of your witness

Do you want your certificate provider details to be typed into the form?

Yes

No - they will be handwritten by the certificate provider or myself when signing the form

If yes please supply the name and address of your certificate provider

Do you want your attorneys witness details to be typed into the form?

Choice 1

Choice 2

If yes please supply the name and address of the witnesses for each of your attorneys and indicate who is witnessing for each one. If you know some but not all supply the details you know the rest can be handwritten at the time.

Section 9 - Registration of the LPA

In this section I will ask questions to determine if I should complete the registration sections of the form for you or leave them to be completed at a later date when you are ready to register it. When considering if you are registering it immediately it is important to understand that the registration process usually takes approximately 28 weeks from the time your forms are received by the Office of the Public Guardian for them to be processed and registered.

Will the LPA be registered immediately or in the near future

Yes

No - leave these sections blank to be completed by myself at a later date

Who will register the LPA?

Donor

One of the Attorneys

Unsure as not registering yet

If an attorney is registering please supply the name

Who should receive the LPA after it is registered

Donor

Attorney

Unsure as not registering yet

If attorney is receiving it please confirm the name.

How will you pay the OPG fees

By credit/debit card

By Cheque

Neither I am exempt

I would like to know if I am exempt

If you are exempt please confirm what benefits you receive that make you exempt or a low income. You will need to supply evidence to the OPG when you register your LPA.