Enduring power of attorney

Enduring power of attorney

Contents

Give notice of intention to register

Before registration of an enduring power of attorney (EPA) can proceed, notice must be given to everyone requiring notice under the Mental Capacity Act 2005. To do this, use the form 'EP1 PG - Notice of intention to register an EPA'. For more information, read the article on giving notice - Notice of intention to register.

Register an enduring power of attorney

Only the attorney(s) in an EPA (or a person acting on behalf of an attorney) can register the document.

To register an EPA, a prescribed application form must be completed and sent to the Office of the Public Guardian (OPG). This application form is the 'EP2 PG - Application to register an EPA'.

You must send the 'EP2 PG - Application to register an EPA' form to the OPG as soon as possible after serving the last notice.

If there are multiple attorneys

If there is more than one attorney listed in the EPA, it is important to check how they have been appointed to act, as they may need to apply together to register the EPA.

Attorneys may be appointed to act in any one of the following ways:

1. Jointly

This also means 'together'. This means that all the attorneys must apply to register the EPA. Where the attorneys have been appointed to act jointly, the EPA will fail to have any further effect if one of the original attorneys become unable or unwilling to act. If this happens, the EPA can no longer be used, unless replacement attorneys are specified in the EPA to replace all the original attorneys.

2. Jointly and severally

This also means 'together and independently'. This means that the attorneys can act jointly, having all agreed on a particular action to be taken, or they can make decisions without consulting each other. If the attorneys are appointed like this, they don't all have to apply together to register the EPA, although they may choose to do so. However, if they don't all apply together, notice of the intention to register the EPA (Notice of intention to register) must be given to any non-applying co-attorneys using form 'EP1 PG - Notice of intention to register an EPA'. The non-applying co-attorneys then have the opportunity to object to the registration. Where the attorneys have been appointed to act in this manner, there is no risk that the EPA would fail if one of the original attorneys becomes unable or unwilling to act as an attorney.

When to register the document

As soon as the attorney(s) have reason to believe that the donor is losing or has already lost their mental capacity, they have a duty to register the EPA with the OPG.

When the document comes into effect

Unless an EPA specifies otherwise, the EPA will come into effect as soon as it is properly signed.

Fees

There is a fee payable when you apply to register an EPA. The applicable fees may change annually. You should always check the current applicable fee with the OPG before submitting your application.

You can also apply to the OPG for an exemption or remission of the registration fee using the form LPA120A - Application for exemption or remission of LPA or EPA application fees.

Other jurisdictions

This article only applies to EPAs in England & Wales. For more information on other jurisdictions, see the articles about enduring powers of attorney in Northern Ireland (When to register an enduring power of attorney).