Enduring power of attorney: acting as an attorney
Register an enduring power of attorney
You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.
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Tell the donor, their family members and other attorneys you intend to register the EPA.
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Apply to register the EPA.
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Pay the fee.
Telling people you intend to register
Download and fill in form EP1PG. Send it to:
- the donor
- at least 3 of the donor鈥檚 family members who are eligible - they must be 18 or over and have mental capacity
- any attorneys who were appointed 鈥榡ointly and severally鈥� but are not applying to register the EPA
You must tell the first 3 eligible family members from the following list. If there鈥檚 no family member in a particular category, move on to the next one. You must try to tell the family members in this order:
- donor鈥檚 husband, wife or civil partner
- donor鈥檚 children (including adopted children but not including stepchildren)
- donor鈥檚 parents
- donor鈥檚 brothers and sisters (including half-brothers and half-sisters)
- widow or widower or surviving civil partner of the donor鈥檚 child
- donor鈥檚 grandchildren
- donor鈥檚 nephews and nieces (children of the donor鈥檚 full brothers and sisters)
- donor鈥檚 nephews and nieces (children of the donor鈥檚 half-brothers and half-sisters)
- donor鈥檚 aunts and uncles (full brothers or sisters of a parent of the donor)
- donor鈥檚 first cousins (children of the donor鈥檚 aunts and uncles who are full brothers and sisters of a parent of the donor)
You must tell all the people in a category if you tell one of them, for example if 1 of the 3 relatives you鈥檙e telling is a grandchild and the donor has 15 other grandchildren, you must tell all 16 of them.
If you鈥檙e a family member as well as an attorney, you count as one of the people to be told. You鈥檒l still have to tell other people in your category.
You must do all you can to find the people you鈥檙e telling. If you cannot find their address, or if there are not 3 relatives alive, tell the Office of the Public Guardian when you apply to register.
People who you tell can object to the registration. They have 35 days to object from when they get the form.
Apply to register
Download and fill in the application form EP2PG.
As soon as you鈥檝e officially told people you intend to register, send the form to the Office of the Public Guardian.
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
Use a different address if you鈥檙e a member of the DX Exchange courier service.
Office of the Public Guardian
DX 744240
Birmingham 79
Include the original EPA form or a certified copy if the original has been lost.
You鈥檒l also need to pay the fee.
Fees
It costs 拢82 to register an EPA, unless you鈥檙e applying for help with fees (LPA120).
Send a cheque for the fee payable to 鈥極ffice of the Public Guardian鈥�. Write the donor鈥檚 name on the back of the cheque.
How long registration takes
The EPA will usually be registered between 8 and 10 weeks after you sent the application form and told the family members. It will take longer if one or more of the family members object.