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Enduring Power Of Attorney Registration Form FAQ United Kingdom
In order for an Enduring Power of Attorney to be valid after the Donor has become mentally incapable it must be registered. Registration must take place as soon as the Attorney sees evidence that the Donor is becoming mentally incapable.
You must use the prescribed forms EP1 Notice of Intention to Apply for Registration and EP2 Application for Registration.
The Attorney must register the Enduring Power of Attorney by using the EP1 and EP2 registration forms when he/she sees evidence that the Donor is becoming mentally incapable.
Lasting Powers of Attorney replaced Enduring Powers of Attorney in October 2007 when the Mental Capacity Act 2005 came into force. However, Enduring Powers of Attorney which were created before October 2007 will still be valid.
An Enduring Power of Attorney is a type of power of attorney which allows the Donor to appoint someone to act on the Donor’s behalf in matters that relate to the Donor’s property and affairs. The EPA remains valid even if the Donor later becomes mentally incompetent. In contrast, a Lasting Power of Attorney allows the Donor to appoint someone to act on the Donor’s behalf in matters that relate to the Donor’s property and affairs and/or the Donor’s welfare.
If the Donor becomes unable to make financial decisions, the Enduring Power of Attorney must be registered before it can be used or, if it is already in use, before it can continue to be used. Lasting Powers of Attorney will become effective as soon as they are registered and they may be registered any time after completion.
You do not have to replace your Enduring Power of Attorney. Enduring Powers of Attorney will continue to be effective if they were created before October 2007. However, you should note that an Enduring Power of Attorney does not provide the same level of protection as an LPIf you have not yet registered your Enduring Power of Attorney, you may wish to revoke it and replace it with an LPA.
Form EP1 is the form used to provide notice to relatives that there will be an application to register the Enduring Power of Attorney.
No medical evidence is required to register the Enduring Power of Attorney (unless the Enduring Power of Attorney specifically says that you do) however, should any of the Donor's relatives object to the proposed registration, the Court of Protection may require medical evidence supporting the Donor's mental incapacity.
The Attorney must use the prescribed form EP1 Notice of Intention to Apply for Registration in order to notify the Donor and the Donor's relatives. The notification can be sent by first class post for relatives. However, notification to the Donor must be made in person (even if the Donor lacks the capacity to understand the notification). All notices must be served within 14 days of each other.
In order for the EP1 to be valid, joint Attorneys must serve the form jointly. Attorneys who are acting jointly and severally should give notices jointly when they all wish to register the Enduring Power of Attorney. If only 1 of the Attorneys acting jointly and severally gives notice, then the other Attorneys must also be sent the EP1 form. If the notices do not list the names of all Attorneys acting jointly and severally, then registration will occur but will be limited to the Attorneys listed on the form.
The Donor and at least 3 relatives of the Donor must be notified. Relatives are grouped into classes and placed in order of priority. If the Donor wishes to notify a relative in a certain class, then he or she must also give notice to all members of that class. The order in which relatives must be notified are:
For example if the Donor has a husband, 4 daughters and 1 living parent then the Attorney must provide notice to the husband and the four daughters.
The Court of Protection may consider removing the notice requirement for the Donor if you submit medical proof demonstrating such notice would cause harm or distress to the Donor.
The following individuals do not need to be notified:
The EP2 is the form used to apply for registration of an Enduring Power of Attorney.
Only the Attorney appointed by the Enduring Power of Attorney can apply for registration. If two or more Attorneys were acting jointly then all the Attorneys must apply for registration together. Attorneys who were acting jointly and severally do not have to apply together however only those Attorneys who do apply will continue to have powers.
There is a fee of £120 to apply to register an Enduring Power of Attorney however upon written request fees may be lowered or waived if the Attorney(s) are experiencing financial hardship.
Make the cheque payable to "Office of the Public Guardian". For more information on fees contact the Office of the Public Guardian.
You should send the application within 10 days of serving your last EP1 notice.
Registration of the Enduring Power of Attorney will only happen if the Public Guardianship Office receives no objections to the registration. The Public Guardianship Office will wait at least 35 days have passed since the last EP1 notice has been sent. If no objections have been made by the Donor's relatives during the 35 day period, the Enduring Power of Attorney will be registered.
The grounds on which the Donor's relatives can object are:
A person must submit the following information to the Court of Protection in order to object to the registration of an Enduring Power of Attorney:
In addition the Objector will need to provide evidence supporting his/her objection. Evidence can be presented in a letter, a statement with numbered paragraphs or points, or a witness statement if solicitors are being instructed.
If the Objector and the Attorney cannot resolve their disagreement or if the Court does not have enough evidence to make a decision, the Court may allow for a hearing for the matter to be resolved. For more information on objections click here.
The Court can cancel the registration or end (revoke) the EPA if a successful application for cancellation is made, and in certain other circumstances. A Donor can also end a registered EPA if the Court agrees and is satisfied that the Donor is mentally able to make this decision.