Enduring power of attorney

Contents
1. Donors 1.1. How to object 1.2. What happens next? 2. Attorneys 2.1. How to object 2.2. What happens next? 3. Other person entitled to notification 3.1. How to object 3.2. What happens next? 4. Relative not in receipt of EP1 PG 5. All other applications 5.1. To begin proceedings 5.2. If proceedings have already begun 6. Objections you can use in COP 8 7. Contacts 7.1. Public Guardian

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.

For more information see our ‘Enduring power of attorney’ section.

'Donor' is the term used to describe a person who has created a power of attorney. For this category, you must use 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 attorneys intend to register your EPA.

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. You will find these objections below under the heading ' Objections you can use in COP 8'.

You must file your objections within five weeks from the date when you received the EP1 PG notice. You must also notify the Public Guardian in writing that you have objected to the registration of your EPA. If you do not notify the Public Guardian, there is a chance that the EPA will be registered. (You will be able to find their address under contacts below.)

Once you submit your objections using COP 8 and have written to the Public Guardian, the Public Guardian will suspend the registration of your EPA until the Court of Protection resolves the issue of any objections.

Only attorneys named in the EPA can register the document. If the attorneys were appointed to act 'jointly' in the EPA, then they must all apply to register the document. However, if the attorneys were appointed to act 'jointly and severally', they don’t all have to apply to register the document together.

If you did not apply to register the document along with your co-attorney/s, you will be notified by form EP1 PG 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 under the heading 'Objections you can use in COP 8'.

You must also write to the Public Guardian to inform them of your application to the Court of Protection to object to the registration of the EPA. If you do not write to the Public Guardian, there is a risk that the EPA will be registered. You will be able to find the address for the Public Guardian at the bottom of this page under 'Contacts'.

Once you submit your application and write to the Public Guardian, the Public Guardian will suspend the registration of the EPA until the Court of Protection provides further instructions. The Court of Protection will contact you when your application has been issued and will provide you will further instructions.

Your application to object to a power of attorney must be filed five weeks to the day when you received the EP1 PG notice (Notice of intention to register an enduring power of attorney).

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 under the heading 'Objections you can use in COP 8'. You must also write to the Public Guardian to inform them of your application to the Court of Protection to object to the registration of the EPA. If you do not write to the Public Guardian, there is a risk that the EPA will be registered. You will be able to find the address for the Public Guardian at the bottom of this page under 'Contacts'.

Once you submit your application and write to the Public Guardian, the Public Guardian will suspend registration of the EPA until the Court of Protection provides further instructions. The Court of Protection will contact you when your application has been issued and will provide you with further instructions.

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

For more information, see our ‘Notice of intention to register’ section.

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 COP1. You may need to apply for permission to make this application using COP 2 - Permission form. Check with the Public Guardian to see if you will need permission.

Please note that if you use this method, there is a fee payable. 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 Public Guardian of your application to the Court of Protection. If you do not notify the Public Guardian, there is a risk that the LPA may be registered. To notify the Public Guardian, you need to use LPA 8 (notice to the Public Guardian of application to the Court of Protection) to do so.

If proceedings have already commenced in the Court of Protection, you should object by using form COP 9, which can be downloaded from the Public Guardian's website.

When using form COP 8, you can only object on one of the grounds prescribed by the Mental Capacity Act 2005. These are the following:

• 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 - for example, because the donor had revoked the EPA during a period when he/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 to do so.)
• The application is premature because the donor is not yet becoming 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. Any allegation of fraud 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 (having regard to all the circumstances and in particular the attorney's relationship to or in connection with the donor). For example, the attorney might be an ex-partner of the donor who, it is reasonably feared, might not have the donor's true interests at heart, or the attorney might be a recently discharged bankrupt who had a known gambling problem and who therefore might be considered to be unsuitable for managing the donor's estate.

When notifying the Public Guardian, you should write to the following address:

Office of the Public Guardian

PO Box 15118

Birmingham

B16 6GX

Telephone: 0300 456 0300 Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)

Textphone: 020 7664 7755 (If you have speech or hearing difficulties and have access to a textphone)

Fax: 0870 739 5780

International Calls: +44 20 7664 7000

International Faxes: +44 7664 7551

Website: Public Guardian

Email: customerservices@publicguardian.gsi.gov.uk

Court of Protection

Archway Tower

2 Junction Road

London N19 5SZ

Phone Number: 0845 330 2900

Fax Number: 020 7664 7705

Website: Court of Protection

You can download helpful resources from HM Court services (Select 'Court of Protection' from the drop down menu under 'Work Type' for a list of their forms/guidance booklets.)

You can also contact the Office of the Public Guardian which will refer you on to the Court of Protection.