October 30, 2024
Background:
An Enduring Power of Attorney (“EPA”) is a legal document that appoints Attorney(s) to act on behalf of another person, referred to as the Donor. Under an EPA, the Attorney(s) can manage the property and financial affairs of the Donor.
It is important to note that you can no longer create EPAs, and since October 2007, the EPA has been replaced by a Lasting Power of Attorney (“LPA”). However, if a person made an EPA before October 2007, it can still continue to be used.
An LPA allows Attorneys to make decisions relating to property and financial affairs and health and welfare on behalf of the Donor. A key difference between the LPA and EPA is that an EPA cannot be registered and used until the Donor has started to lose or has lost mental capacity.
In order to use the EPA, the Attorneys need to register the EPA with the Office of the Public Guardian (“OPG”).
Registration Process:
1. The Donor and at least three relatives of the Donor must be notified of the intention to register the EPA. Additionally, any other Attorney who has been appointed jointly and severally must also be notified. There is an order of relatives that should be notified.
It is important to note that if one person belongs to a category of relatives, then everyone in that category needs to be notified. If Donor has no husband, wife or civil partner, but has five children, then all five children need to be notified. Notifying three relatives is the minimum, however, if this is not possible then this should be explained.
There are instructions for the person receiving to object to the application for registration. Any objections should be within five weeks from the day they were notified. If a valid objection is received, the applicant will be advised that the application has been suspended and the steps they should take next. Only the Court can decide whether to uphold or dismiss the objection.
2. The important application form is form EP2PG which details the Donor’s information, and the details of the Attorneys noted in the EPA. All applicants must sign this form.
Form EP2PG should be submitted to the OPG as soon as the relevant Attorneys and family members have been notified.
Submitting the EPA:
The completed and signed Form EP2PG then needs to be sent to the OPG along with the original EPA and payment of £82 in respect of the registration fee.
No medical evidence showing lack of mental capacity needs to be provided with the application form.
Assuming that there are no objections to the registration of the EPA, the OPG will attempt to register the EPA 35 days from the latest date that the last EP1PG notice was sent.
The registered EPA is then returned, and the Attorneys are now in a position to can manage the property and financial affairs of the Donor.
If you have any further questions regarding an EPA or about the process to register an EPA, please do not hesitate to contact us to make an appointment at our Solihull Office on 0121 705 7571 or our Dorridge Office on 01564 779393.
James Sawyer
Trainee Solicitor
This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.
Solihull: 0121 705 7571
Dorridge: 01564 779393