Enduring power of attorney registration is dealt with by the Office of the Public Guardian. It involves completing the required forms and submitting them, along with the fees and appropriate documents.
IWC can take care of this on your behalf; we charge £50 to register the document for you. This includes completion of the EP1PG and EP2PG forms. There is a further fee of £130 which is payable to the Office of the Public Guardian to cover the administrative costs.
For more information, contact IWC on 0800 612 6105.
Forms to register the EPA are available from the Ministry of Justice website, details of these and the information you'll need are as follows;
EP1PG - Is the notice of intention to apply to register an enduring power of attorney. The Donor and at least 3 of their relatives must be notified of the intention to register the EPA. The applicant must notify the donor in person that they are registering the EPA and must record the details, date, and place of the conversation. This will be needed later in the application form.
Each person must be provided with the EP1PG form, they are given them the right to object to the registration.Grounds to object are detailed within the form.
EP2PG - Is the application form. The 11 part form will ask you to provide information about the donor, all the attorneys, the notice of intent, the EPA and sign a declaration. It must be completed and returned with the original copy of the EPA and the registration fee.
What Happens Next?
The process takes around 13 weeks; a 5 week period is allowed to give people the chance to object. It makes sense to plan ahead, particular if the donor has been diagnosed with a form of dementia, such as Alzheimer's.
Due to the serious nature of the document, there is little tolerance for mistakes being made on the forms. Be meticulous, if there is a problem, expect lengthy delays, you may have to apply to the Court of Protection. That's why it's advisable to use a professional service. Attorneys tend to be under a lot of pressure, especially if they've delayed and put off the registration.
Changes in the Law
The EPA has now been replaced by the new Lasting Power of Attorney, enduring power of attorney registration will only be accepted if the document was created and signed before 1 October 2007.
The EPA only allows attorneys to deal with affairs relating to finance or property. The new system allows for 2 powers of attorney to be created, one for financial affairs, the other for decisions regarding health and welfare.
If the donor of the EPA still has mental capacity, it is advisable for them to create a health and welfare LPA. This will give attorneys the ability to make decisions about health treatment, life sustaining treatment, medication, whether or not they ought to go into residential care. Also decisions relating to welfare such as diet and daily routine.
IWC offer a nationwide service, please call us on 0800 612 6105 if you're concerned about registration, or if you'd like to discuss lasting power of attorney for health and welfare.