Online LPA - Help!

dreamypuma

In my wisdom, I've chosen to prepare and complete LPAs for myself using the .Gov website.

At this stage both property and health LPA's have been paid for and generated. On reflection I probably should should have questioned a few things first as I now have doubts and concerns.

These are as follows:

 a) I never thought to query my witnesses middle name. I've now established that they have one - Am I correct in thinking that both LPA should be amended to reflect the the full name of the witness, and these would have to be resubmitted for an additional fee?

b) If the above is correct and I leave the incorrect LPA unsigned and unposted these will be refunded?

c) There is great emphasis in all parties signing the forms in the correct order, and a reason for rejection. The guidance indicates that all can sign on the same day. If the LPAs are all signed on the same day by all parties, how is it evident that these have been signed in the correct order?

d) "Certificate provider signs and dates Section 10" - Are the Certificate Provider and Witness typically one in the same?

e) "Donor signs and dates any continuation sheets" - Is this only the case where Sections 5 and 9 run over onto 2 sheets?

Sorry for the long list of queries, particularly if some queries seem daft. I would appreciate any steer from those in the know. 

Albermarle

dreamypuma said:

In my wisdom, I've chosen to prepare and complete LPAs for myself using the .Gov website.

At this stage both property and health LPA's have been paid for and generated. On reflection I probably should should have questioned a few things first as I now have doubts and concerns.

These are as follows:

 a) I never thought to query my witnesses middle name. I've now established that they have one - Am I correct in thinking that both LPA should be amended to reflect the the full name of the witness, and these would have to be resubmitted for an additional fee? You should start from scratch and raise two new LPA's

b) If the above is correct and I leave the incorrect LPA unsigned and unposted these will be refunded? Yes, if the LPA's are not received by the office after a certain time they are cancelled and the fee refunded ( after a few months) 

c) There is great emphasis in all parties signing the forms in the correct order, and a reason for rejection. The guidance indicates that all can sign on the same day. If the LPAs are all signed on the same day by all parties, how is it evident that these have been signed in the correct order? It isn't , nobody can tell.

d) "Certificate provider signs and dates Section 10" - Are the Certificate Provider and Witness typically one in the same? No, the certificate provider is being asked to give assurance that the persons signing the LPAs are of sound mind and not being pressurised. In edge cases it can be better for a solicitor to act as certificate provider. A witness is just a witness to the signatures.

e) "Donor signs and dates any continuation sheets" - Is this only the case where Sections 5 and 9 run over onto 2 sheets?

Sorry for the long list of queries, particularly if some queries seem daft. I would appreciate any steer from those in the know. 

Some answers in bold.

Flugelhorn

d) the certificate provider can be witness for the donor and attorney 

dreamypuma

Albermarle said:

dreamypuma said:

In my wisdom, I've chosen to prepare and complete LPAs for myself using the .Gov website.

At this stage both property and health LPA's have been paid for and generated. On reflection I probably should should have questioned a few things first as I now have doubts and concerns.

These are as follows:

 a) I never thought to query my witnesses middle name. I've now established that they have one - Am I correct in thinking that both LPA should be amended to reflect the the full name of the witness, and these would have to be resubmitted for an additional fee? You should start from scratch and raise two new LPA's

b) If the above is correct and I leave the incorrect LPA unsigned and unposted these will be refunded? Yes, if the LPA's are not received by the office after a certain time they are cancelled and the fee refunded ( after a few months) 

c) There is great emphasis in all parties signing the forms in the correct order, and a reason for rejection. The guidance indicates that all can sign on the same day. If the LPAs are all signed on the same day by all parties, how is it evident that these have been signed in the correct order? It isn't , nobody can tell.

d) "Certificate provider signs and dates Section 10" - Are the Certificate Provider and Witness typically one in the same? No, the certificate provider is being asked to give assurance that the persons signing the LPAs are of sound mind and not being pressurised. In edge cases it can be better for a solicitor to act as certificate provider. A witness is just a witness to the signatures.

e) "Donor signs and dates any continuation sheets" - Is this only the case where Sections 5 and 9 run over onto 2 sheets?

Sorry for the long list of queries, particularly if some queries seem daft. I would appreciate any steer from those in the know. 

Some answers in bold.

Thank you so much for the steer! Having printed the final form, it's all a bit daunting now.

dreamypuma

Flugelhorn said:

d) the certificate provider can be witness for the donor and attorney 

Thank you! I think I'm overthinking.

Flugelhorn

dreamypuma said:

Flugelhorn said:

d) the certificate provider can be witness for the donor and attorney 

Thank you! I think I'm overthinking.

certainly when I did is for mother there were 3 of us in the room - this is the absolute minimum. Donor / Attorney / Certificate Provider - the CP acted as witness for both the others. You may want more attorneys though 

Makingabobor2

when we did my dad's we just had doner....my dad,  attorneys....me and my sister, and the next door neighbour acted as a witness to our signatures, and was also the person who knew my dad over the required 2 years, so was the CP

dreamypuma

Flugelhorn said:

dreamypuma said:

Flugelhorn said:

d) the certificate provider can be witness for the donor and attorney 

Thank you! I think I'm overthinking.

certainly when I did is for mother there were 3 of us in the room - this is the absolute minimum. Donor / Attorney / Certificate Provider - the CP acted as witness for both the others. You may want more attorneys though 

That's exactly what we'll be doing.

dreamypuma

Makingabobor2 said:

when we did my dad's we just had doner....my dad,  attorneys....me and my sister, and the next door neighbour acted as a witness to our signatures, and was also the person who knew my dad over the required 2 years, so was the CP

Thanks for confirming. Our neighbour of 10 years will be witnessing. Didn't know her middle name.