Object to the registration of a power of attorney
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.