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Enduring power of attorney

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The manner in which you object to the registration of an enduring power of attorney (EPA) in England & Wales depends upon your relationship to the EPA. Each type of relationship is discussed below.

Donors

If you are the person who has created the power of attorney (the 'donor'), you must use the form COP 8 (application relating to EPA registration) to make an objection. You will be notified by a document called an 'EP1 PG notice' when your attorney(s) intend to register your EPA.

How to object

The EP1 PG notice sets out the objections that you can use in your application to object to the registration of the EPA. These are the only objections you can make when applying to the Court of Protection (COP). You will find these objections below under ' Objections you can use in COP 8'.

You must file your objections within 5 weeks of the date on which you received the EP1 PG notice. You must also notify the OPG in writing that you have objected to the registration of your EPA. If you do not notify the OPG, there is a chance that the EPA will be registered.

What happens next?

Once you submit your objections using the form COP 8 and have written to the OPG, they will suspend the registration of your EPA until the COP resolves the issue.

Attorneys

Only the attorney(s) named in the EPA can register the document. If the attorney(s) were appointed to act 'jointly' in the EPA, then they must all apply to register the document. However, if the attorney(s) were appointed to act 'jointly and severally', they do not all have to apply to register the document.

How to object

If you did not apply to register the document along with your co-attorney(s), you will be notified by the EP1 PG notice of the application to register the EPA. The EP1 PG notice sets out the objections that you can use in your application to object to the registration of the EPA. The objections are described below.

You must also write to the OPG to inform them of your application to the COP to object to the registration of the EPA. If you do not write to the OPG, there is a risk that the EPA will be registered.

What happens next?

Once you submit your application and write to the OPG, they will suspend the registration of the EPA until the COP provides further instructions. The COP will contact you when your application has been issued and will provide you will further instructions.

Other person entitled to notification

Your application to object to an EPA must be filed within 5 weeks of the day on which you receive the EP1 PG notice.

How to object

The EP1 PG notice sets out the objections that you can use in your application to object to the registration of the EPA. You must also write to the OPG to inform them of your application to the COP to object to the registration of the EPA. If you do not write to the OPG, there is a risk that the EPA will be registered.

What happens next?

Once you submit your application and write to the OPG, they will suspend registration of the EPA until the COP resolves the issue. The COP will contact you when your application has been issued and will provide you with further instructions.

Relative not in receipt of EP1 PG

If you are a relative entitled to notification under the Mental Capacity Act 2005 (MCA), but did not receive the EP1 PG notice, then you can still object to registration using the form COP 8 if you find out about the application through other means.

For more information, see the Notice of intention to register section.

All other applications

To begin proceedings

If you are not entitled to notice as a donor, attorney or relative and no one else has begun proceedings, you will need to use the form COP 1. You may need to apply for permission to make this application using COP 2 permission form. Check with the OPG to see if you will need permission.

There is a fee to pay if you use this method. In addition, you may need to pay for any costs you incur during proceedings and, if the court feels that you have acted unreasonably, you may need to pay the costs incurred by the other parties as well.

If you object using this form, you will also have to notify the OPG of your application to the COP. If you do not notify the OPG, there is a risk that the LPA may be registered. To notify the OPG, you need to use the form LPA 8 (notice to the OPG of application to the Court of Protection).

If proceedings have already begun

If proceedings have already commenced in the COP, you can object by using the form COP 9.

Objections you can use in COP 8

When using the form COP 8, you can only object on one of the grounds prescribed by the MCA. These are:

  • The power of attorney is not valid as an EPA. This would most likely be the case if the donor did not have the capacity to create an EPA.
  • The power of attorney created by the instrument no longer exists e.g. because the donor had revoked the EPA during a period when he or she was mentally capable of doing so. (You should try to obtain and supply medical evidence in support of this ground of objection and then submit it using form COP 24 - Court of Protection witness statement.)
  • The application is premature because the donor is not yet mentally incapable.
  • Fraud or undue pressure was used to induce the donor to make the power. (An allegation of fraud is a very serious matter and should be supported by good evidence. If the evidence is in written documents these must be submitted using COP 24 - Court of Protection witness statement.)
  • The attorney is unsuitable to be the donor's attorney. (All the circumstances and in particular the attorney's relationship to or in connection with the donor will be relevant here.)
Contacts

Office of the Public Guardian

For more information, visit the Office of the Public Guardian.

Court of Protection

For more information, visit the Court of Protection.