Enduring power of attorney

You can object to the registration of an enduring power of attorney ( EPA ) . There are 2 ways to object - the one you use depends on whether you鈥檝e received an official letter telling you someone wants to register the EPA . Object if you鈥檝e received an official letter The donor and some of their relatives will receive a letter telling them that an attorney intends to register an EPA . If you鈥檙e one of these people, you can object to the registration if you believe that: the EPA is not legally correct, for example, it was not properly signed and witnessed the donor did not have mental capacity when the EPA was made the donor cancelled their EPA when they still had capacity there was fraud, for example, the donor鈥檚 signature on the EPA was faked the donor was pressured to make an EPA the donor still has capacity so the EPA should not be registered yet an attorney is acting above their authority or against the donor鈥檚 best interests Fill in and send: objection form (EP3PG) to the Office of the Public Guardian ( OPG ) - the address is on the form objection form (COP8) to the Court of Protection Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA You must object within 5 weeks of receiving the letter telling you about the registration. Object if you did not receive an official letter You can object if you do not think the EPA should be registered. Fill in and send an application form (COP1) to the Court of Protection. Include a cheque for 拢408 made payable to the 鈥楬M Courts & Tribunals Service鈥�. You must also write to OPG to tell them why you鈥檙e objecting to the registration. Office of the Public Guardian PO Box 16185 Birmingham B2 2WH Get a reduction or exemption of the fee You may not have to pay the fees if you鈥檙e on means-tested benefits or a low income. Apply for a reduction or exemption if you鈥檙e eligible. What happens next You鈥檒l be contacted by OPG or the Court of Protection within 5 days of them receiving your objection. They鈥檒l advise on what steps you need to take next.

Object to the registration of a power of attorney: Lasting power of attorney

Object to the registration of a power of attorney

Lasting power of attorney

You can object to the registration of a lasting power of attorney (LPA).

You must tell the Office of the Public Guardian (OPG).

You may also have to tell the Court of Protection.

How you object depends on who you are and why you鈥檙e objecting.

This guide is also available in Welsh (Cymraeg).

Object if you鈥檙e the donor

Fill in the objection form (LPA006) and send it to OPG. The address is on the form.

Object if you鈥檙e an attorney or 鈥榩erson to be told鈥�

You鈥檒l receive a letter from the donor or one of their attorneys telling you they want to register the LPA. You can make a 鈥榝actual objection鈥� or an objection on 鈥榩rescribed grounds鈥�.

Factual objections

You can object if:

the donor or an attorney has died
the donor and an attorney were married or had a civil partnership but have divorced or ended the civil partnership
an attorney does not have the mental capacity to be an attorney
an attorney has chosen to stop acting (sometimes called 鈥榙isclaiming their appointment鈥�)
the donor or an attorney are bankrupt, interim bankrupt or subject to a Debt Relief Order (property and financial affairs attorneys only)

Fill in the objection form (LPA007) and send it to OPG. The address is on the form.

You must object within 3 weeks of being told about the registration.

Prescribed objections

You can object to the registration if you think:

the LPA is not legally correct
you do not believe the donor had mental capacity to make a LPA
the donor cancelled their LPA when they regained capacity
there was fraud, for example, someone faked the donor鈥檚 signature
the donor was pressured to make a LPA
an attorney is acting against the donor鈥檚 best interests

You鈥檒l need to be able to provide evidence to support any of these objections.

Fill in the:

notification form (LPA008) and send it to OPG (the address is on the form)
objection form (COP7), copy it and send both the original and the copy to the Court of Protection (the address is on the form)

It does not cost anything to object if you鈥檙e an attorney or person to be told.

Make an objection if you鈥檙e not an attorney or 鈥榩erson to be told鈥�

Fill in the objection form (COP1), copy it and send both the original and the copy to the Court of Protection.

Send a cheque for 拢408 made payable to 鈥楬M Courts and Tribunals Service鈥� with your forms.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Get a reduction or exemption of the fee

You may not have to pay the fees if you鈥檙e on means-tested benefits or a low income.

Download the form (COP44A) to check your eligibility and apply.

What happens next

After you鈥檝e sent the forms and any fees, you鈥檒l be contacted by OPG or the Court of Protection. They鈥檒l tell you if:

they鈥檙e going to stop the registration
there鈥檚 going to be a hearing to discuss your objection

View a printable version of the whole guide

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