Registering an Enduring Power of Attorney
An Enduring Power of Attorney (“EPA”) is a document relating to a Donor’s financial affairs. This will have been successfully completed before the 1st October 2007 when the Mental Capacity Act 2005 was introduced.
First of all the person who original makes an Enduring Power of Attorney is the Donor. Furthermore if the donor becomes mentally incapable of managing their financial affairs an application to register the EPA is made. An application should be made to the Office of the Public Guardian (“OPG”) using the proscribed form which we can advise you upon.
Before making the application to the OPG notice needs to be served. This is by the Attorneys upon the Donor and at least three of the Donor’s relatives. The notices are on prescribed forms which we can provide. There is a strict authority and priority in relatives that are informed.
There is a strict constraint on when the notices should be served and the timing of the actual registration.
The EPA will automatically come to an end on the death of the Donor. As a result the OPG will be informed in the event that the EPA has been registered with them.
If you have a query or would like to book an appointment please get in touch with our team on 01256 320555 or email firstname.lastname@example.org.
Wills and Estate Planning Director
Wills and Estate Planning Solicitor