Terms and Conditions

Everstead Planning Ltd (“Everstead”, “we”, “us” or “our”) is a company registered in England and Wales under company number 17414818.

We provide assisted Lasting Power of Attorney (“LPA”) form preparation and administrative support for clients in England and Wales.

Our contact details are:

• Email: office@everstead-planning.co.uk
• Telephone: +44 79 4055 6141

Our registered office is the registered office recorded for Everstead Planning Ltd on the public Companies House register under company number 17414818.

Everstead Planning Ltd is not a firm of solicitors.

We are not authorised or regulated by the Solicitors Regulation Authority.

We do not hold ourselves out as providing regulated legal services and our service is not covered by the Legal Ombudsman scheme applicable to regulated legal-service providers.

Our service is LPA form preparation, administrative assistance and practical process guidance.

Nothing on our website, during an introductory conversation or in our administrative guidance should be treated as a substitute for individual legal, financial, tax or medical advice.

Where your circumstances require advice outside the scope of our service, we may recommend that you obtain advice from an appropriately qualified professional.

Our service is designed for adults making LPAs governed by the law of England and Wales.

The person making an LPA is referred to as the donor.

A relative, friend or other person may make an initial enquiry on behalf of a donor. However, before paid work begins, we will speak directly with the donor.

Unless we expressly agree otherwise in writing, the donor is our client for the LPA preparation service.

A relative or another person may pay our fee on the donor’s behalf, but payment does not:

• make that person the donor;
• give that person authority to instruct us contrary to the donor’s wishes;
• give that person authority over the content of the LPA; or
• prevent us from communicating directly and confidentially with the donor where appropriate.

The decisions contained in an LPA are the donor’s decisions.

Depending on what you instruct us to do, our service may include:

• discussing which of the two principal LPA types you wish to prepare;
• gathering the information required for the relevant forms;
• preparing the LPA forms using information supplied to us;
• checking the forms for administrative consistency and completeness;
• discussing drafts and corrections with you;
• explaining the LPA preparation process in plain English;
• explaining the required signing sequence;
• providing a practical signing checklist;
• providing guidance about the registration process;
• providing information about the applicable Office of the Public Guardian fee;
• helping you understand what stage your matter has reached; and
• providing an optional online progress view where that facility is available.

The two LPA types currently supported by our standard service are:

• Property and Financial Affairs LPA; and
• Health and Welfare LPA.

Unless expressly agreed otherwise in writing, we do not:

• act as your solicitor;
• provide regulated legal advice;
• provide financial, investment or tax advice;
• provide medical advice;
• assess whether a person has mental capacity;
• make a clinical or psychological assessment;
• guarantee that an individual has capacity to execute an LPA;
• act as the donor’s certificate provider merely by providing our administrative service;
• choose attorneys for the donor;
• decide what instructions or preferences the donor should include;
• make decisions on the donor’s behalf;
• witness signatures unless separately and expressly agreed;
• act as an attorney;
• act as the applicant to the Office of the Public Guardian; or
• control the decision-making or processing times of the Office of the Public Guardian.

A donor must be able lawfully to make the relevant LPA.

Everstead does not conduct a mental-capacity assessment.

If circumstances arise that reasonably cause us to believe that the matter may involve a significant question about mental capacity, coercion, undue influence, safeguarding, a serious dispute or another issue outside the proper scope of an administrative LPA preparation service, we may pause or decline to continue the service.

In those circumstances we may recommend that independent legal, medical or other professional advice is obtained.

Stopping or declining our service in those circumstances does not amount to a determination by Everstead that the donor lacks mental capacity.

Submitting an enquiry, requesting a call or attending a free introductory consultation does not create a paid contract with us.

There is no obligation to proceed.

We may use the introductory stage to understand what assistance you are seeking, explain our service and decide whether we can appropriately accept the matter.

A paid service contract begins only once:

• we have confirmed that we are willing to accept the instruction;
• you have been given or directed to these Terms and the applicable price;
• the donor has confirmed that they wish to proceed; and
• we have confirmed acceptance of the instruction.

We will provide confirmation of the contract in a durable form, such as email, that you can retain.

Our preparation fee is payable before substantive paid LPA form-preparation work begins unless we expressly agree otherwise in writing.

Our current standard preparation fees are:

One LPA for one person

£195

This covers either:

• a Property and Financial Affairs LPA; or
• a Health and Welfare LPA.

Both LPAs for one person

£295

This covers:

• a Property and Financial Affairs LPA; and
• a Health and Welfare LPA for the same donor.

These are one-off Everstead preparation fees. There is no subscription.

The total Everstead fee applicable to your engagement will be confirmed before the paid contract begins.

We will not add a further Everstead service charge for the agreed standard scope unless additional work outside that scope is separately discussed and agreed with you.

You make one payment to us. We pay the OPG registration fee to the Office of the Public Guardian for you, at cost, when we send your application. If you qualify for a reduced fee or no fee, we will refund the difference within 14 days of the OPG confirming it.

OPG fee correct as checked on 15 October 2026. The OPG sets this fee and may change it.

• £92 for one LPA; or
• £184 for two LPAs.

If you are a consumer and our contract is entered into at a distance, such as by telephone, email or online, you will normally have a statutory 14-day cancellation period.

The cancellation period begins on the day after the service contract is entered into.

You may cancel during that period without giving a reason.

To cancel, you only need to make a clear statement telling us that you wish to cancel.

You can do so by:

• Email: office@everstead-planning.co.uk
• Telephone: +44 79 4055 6141

Email is recommended because it provides a written record.

We will not treat acceptance of these Terms alone as a request to begin chargeable work immediately during the statutory cancellation period.

If you want us to begin substantive paid work before the 14-day period expires, we will obtain a separate express request from you.

Where required by law, we will also ask you to acknowledge that if the contracted service is fully performed during the cancellation period, you may lose your statutory right to cancel once full performance has occurred.

If:

• you expressly ask us to begin during the cancellation period;
• we begin providing the service; and
• you then cancel before the service is fully performed,

you may be required to pay an amount proportionate to the service properly supplied up to the time you cancelled.

You will not be charged for work supplied during the cancellation period where consumer law prevents us from making that charge.

Where you validly exercise a statutory cancellation right, we will refund sums due to you without undue delay and within the period required by law.

Where you expressly requested early performance, any lawful deduction for services already supplied will be calculated proportionately.

Refunds will ordinarily be made using the same method used for payment unless another lawful method is agreed.

Your statutory rights are unaffected.

You do not have to use any particular form.

If you wish, you can cancel by sending the following wording to office@everstead-planning.co.uk:

“I give notice that I wish to cancel my contract with Everstead Planning Ltd for Lasting Power of Attorney form-preparation services. Please confirm receipt of my cancellation.”

Please include enough information for us to identify your contract, such as your name and the email address or telephone number used when instructing us.

You are responsible for giving us information that is, to the best of your knowledge:

• complete;
• accurate;
• current; and
• not misleading.

You must tell us promptly if information changes before the documents are signed or registered.

You remain responsible for the substantive decisions contained in your LPA, including:

• whom you appoint;
• whether you appoint replacement attorneys;
• how attorneys are to act;
• any preferences or instructions you choose to include;
• whom you choose as certificate provider;
• whom you choose as witnesses; and
• whether you ultimately sign and register the LPA.

We rely on the information you provide when preparing forms.

We take reasonable care when preparing forms from the information supplied to us.

You must nevertheless review the draft before signing and tell us promptly if:

• a name is wrong;
• an address is wrong;
• a date is wrong;
• an attorney or other person has changed;
• an instruction does not reflect your wishes; or
• any other information appears inaccurate.

Your responsibility to review a draft does not remove our obligation to perform our service with reasonable care and skill.

The order in which an LPA is signed is important.

For the current paper LPA process, we will provide practical guidance concerning the applicable signing sequence.

The standard sequence will generally require:

• the donor to sign in the required manner and in the presence of the appropriate witness;
• the certificate provider to complete the relevant certificate;
• attorneys to sign in the required manner and in the presence of appropriate witnesses; and
• the completed LPA to proceed to the registration stage.

You are responsible for ensuring that the correct people sign in the correct places and that witnesses are present where required.

If the applicable government process or forms change, we may update our guidance accordingly.

The certificate provider performs a legally important function under the LPA process.

Our preparation service does not make Everstead the donor’s certificate provider.

The donor is responsible for selecting an appropriate certificate provider who satisfies the applicable legal requirements.

Similarly, the donor and attorneys are responsible for arranging appropriate witnesses where witnesses are required.

We can explain the administrative requirements but we do not guarantee the eligibility of a particular person unless we have expressly agreed to advise on that issue and are competent to do so.

An LPA cannot be used as a registered LPA until the applicable registration requirements have been completed.

Under our standard service, Everstead does not act as the applicant to the OPG.

The donor or an attorney applies for registration.

We may:

• send the signed LPA to the OPG on the applicant's behalf
• explain the registration process;
• provide a checklist;
• identify the current government fee;
• help you understand what is required; and
• answer reasonable administrative questions concerning the prepared documentation.

We do not control the OPG’s processing time, decisions, requests for further information or registration outcome.

We prepare forms carefully and our service is designed to reduce avoidable administrative errors.

However, no responsible form-preparation service can guarantee that the OPG will register an LPA in every case or within a particular period.

Registration may be affected by matters outside our control, including:

• information supplied by the client;
• changes made after we prepare a form;
• incorrect execution or witnessing;
• actions or omissions of the donor, attorneys, witnesses or certificate provider;
• objections;
• questions concerning capacity or validity;
• OPG requirements;
• changes in government forms or procedures;
• postal delays; or
• other circumstances outside Everstead’s reasonable control.

If you believe we have made an administrative or preparation error, tell us promptly.

Where an error is attributable to our failure to prepare the agreed documentation with reasonable care and skill, we will take reasonable steps to correct the relevant preparation work without an additional Everstead preparation fee.

Nothing in these Terms restricts a remedy or right that consumer law gives you.

We will perform our service within any timescale expressly agreed with you.

If no specific completion date has been agreed, we will provide the service within a reasonable time, taking account of:

• how quickly you provide the required information;
• whether amendments are requested;
• availability of other people involved in the LPA; and
• the complexity of the administrative work.

OPG registration times are outside our control and are not part of any service-completion date promised by Everstead.

We may offer an optional online view showing the stage your matter has reached.

Where available, this may show stages such as:

• Your details and payment;
• Preparing your LPA;
• Review your draft;
• Sign and return;
• Checking your signed forms;
• Sent to the OPG;
• OPG registering;
• Registered and returned.

The online view is optional.

A client who chooses not to use it can continue to communicate with us by telephone and email.

Any upload facility must be used only for information we have asked you to provide through that channel.

We normally communicate by telephone and email.

You are responsible for providing accurate contact information and telling us if it changes.

Email and internet communications involve inherent security risks. Do not send highly sensitive information through the public enquiry form.

Where we provide a particular method for sending a document, you should use that method.

We may reasonably decline, pause or terminate an engagement where:

• the matter falls outside our service;
• we are unable to obtain instructions directly from the donor;
• we reasonably identify a significant concern regarding coercion, fraud, safeguarding or improper pressure;
• there is a material dispute between people involved;
• the circumstances require regulated or specialist legal advice;
• the information provided appears materially inaccurate or misleading;
• we cannot lawfully or safely continue processing information required for the service;
• you ask us to do something unlawful or improper;
• you materially breach these Terms; or
• continuing would otherwise be inappropriate for an administrative LPA preparation service.

Where reasonably possible, we will explain that we are unable to continue.

You may tell us at any time that you no longer wish us to continue.

If you end the engagement after the statutory cancellation period has expired, or after the statutory cancellation right has otherwise ended, your entitlement to a refund will depend on the amount of work already properly performed.

Where part of the agreed service has not been provided and it would be fair and legally appropriate to do so, we will refund the portion of the preparation fee attributable to work not performed.

We will not charge for work that consumer law does not permit us to charge for.

If we end the contract for reasons that are not caused by your breach or conduct, we will deal fairly with any prepaid fee and refund the portion attributable to work that has not been performed.

If we terminate because of a serious breach by you, we may retain payment for work properly completed up to termination, subject always to applicable consumer law.

We will provide our service with reasonable care and skill.

Nothing in these Terms excludes, restricts or attempts to replace a statutory right that cannot lawfully be excluded.

If there is a conflict between these Terms and a mandatory consumer right, the mandatory consumer right takes priority.

We are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

Loss or damage is foreseeable if it was an obvious consequence of our breach or if both you and we contemplated it when the contract was made.

We are not responsible for loss or damage that is not reasonably foreseeable.

Our service is provided to consumers for personal purposes. If you use the service for a business or commercial purpose that we have not expressly agreed to, we are not responsible for business losses such as loss of profit, revenue, business opportunity or goodwill except where the law requires otherwise.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• breach of statutory consumer rights that cannot lawfully be excluded or restricted.

We are not responsible for delay caused by an event outside our reasonable control where we take reasonable steps to minimise the effect of the delay.

Examples may include serious technology outages, postal disruption, failure of external government systems or other events that we could not reasonably prevent.

We will resume affected work as soon as reasonably practicable.

Information on our website is provided to explain our service and provide general information about LPAs.

It is not individual legal advice.

Although we take reasonable care to keep information accurate and current, laws, government fees, government forms and procedures can change.

Where government guidance or legislation has changed, current law and official guidance take priority over an older statement on our website.

Our website may link to GOV.UK, the Office of the Public Guardian or other third-party websites.

A link is provided for convenience and does not mean that we control or accept responsibility for the third party’s website, availability, content or privacy practices.

Unless otherwise stated, the Everstead name, website design, original text, graphics and other materials created for our website are owned by or licensed to Everstead.

You may view, print or save reasonable extracts for your personal use.

You must not use the website:

• unlawfully;
• to interfere with its operation or security;
• to attempt unauthorised access to systems or data;
• to transmit malicious code; or
• to copy substantial proprietary content for a competing commercial service without permission.

Nothing in this clause restricts rights that the law gives you.

Our handling of personal information is governed by our Privacy Policy.

Our use of cookies and similar technologies is explained in our Cookie Policy.

If you are dissatisfied with our service, please contact us as soon as possible.

• Email: office@everstead-planning.co.uk
• Telephone: +44 79 4055 6141

We will consider the complaint fairly and investigate the relevant circumstances.

We aim to acknowledge ordinary service complaints promptly and ordinarily within five business days.

Data-protection complaints are handled under the separate procedure described in our Privacy Policy.

Everstead is not a firm regulated by the Solicitors Regulation Authority and our administrative LPA preparation service is not covered by the Legal Ombudsman scheme applicable to regulated legal-service providers.

Nothing in these Terms prevents you from obtaining independent legal advice, contacting Citizens Advice, reporting a consumer-law concern to an appropriate authority or exercising any statutory remedy.

The Terms that apply to your paid service are the Terms provided or made available when the contract is entered into, subject to changes required by law or subsequently agreed between us.

We may update the website version of these Terms for future customers.

We will not retrospectively make a material change to an existing consumer contract merely by publishing new Terms online.

We may transfer our rights and obligations under these Terms to another organisation where permitted by law, provided that doing so does not reduce your statutory rights.

We will inform you if a transfer materially affects your contract.

You may transfer your contractual rights where the law permits or where we agree in writing.

Except where legislation expressly provides otherwise, a person who is not a party to the contract does not have a right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

Each provision operates separately.

If a court or competent authority determines that part of these Terms is unlawful or unenforceable, the remaining provisions will continue to apply so far as legally possible.

If we do not immediately insist that you perform an obligation or enforce a right, that does not mean that we have waived that right.

These Terms and our contract with you are governed by the law of England and Wales.

Our service is intended for clients making LPAs under the law of England and Wales.

Nothing in this clause removes any mandatory consumer protection relating to jurisdiction that applies to you.

Everstead Planning Ltd

Company number: 17414818

Registered in England and Wales

Email: office@everstead-planning.co.uk

Telephone: +44 79 4055 6141