An Enduring Power of Attorney (EPA) must be registered with the Office of the Public Guardian (OPG) if the donor of the power is becoming or suddenly becomes mentally incapable.
Will my attorney be able to act on my behalf whilst the power is being registered?
Your attorney will have limited powers to maintain you and prevent any loss to your money and property. Once the EPA is registered the Attorneys powers will be restored in full.
Will my Attorney have to tell anyone that they are registering the EPA?
Yes, they must formally notify you and at least three of your relatives. There is an order of priority for notifying relatives.
If there is more than one person in any of the class of relatives to be notified, everyone in the class must be told. Please speak to us should you require further information about notification.
If your attorney is a relative, they will count as one of the three relatives who need to receive notice.
How will the Attorney inform about what is happening?
It has to be done on a prescribed form, you must be given the form personally and the form must be posted to the relatives. What if my relatives cannot be found? If your Attorney doesn't know the name/address of a relative and cannot reasonably find it, the relative is not entitled to notice. If a relative is under 18 or mentally incapable they're not entitled to notice.
What happens when the application for registration is lodged with the OPG?
The OPG will check the EPA and application papers. If there are no problems, they will set a registration date. The date will be at least 35 days from the latest date on which the notices of intention to register were sent or delivered. This is because everyone who is entitled to notice is also entitled to object to the application for registration. In most cases, there will also be a fee paid to the OPG.
Are there any other reasons why registration might not take place?
If the OPG hears from someone who is worried about the suitability of your attorney, or about whether the EPA is valid, the Court can make enquiries before making a decision.
How does registration change the status of the EPA?
The law says the EPA must be registered once you have become or are becoming mentally incapable. This does not change the Attorneys powers but it does bring about two important changes:
• The Attorney must now answer to the Court of Protection if anyone questions his or her actions
• The Attorney and the donor cannot end the EPA without agreement from the OPG or the Court