Court of Protection
Warners can assist you with any applications that need to be made to either the Court of Protection or the Office of the Public Guardian, including the registration of an existing enduring or lasting power of attorney, deputy applications or applications for Court guidance/orders as and when needed (for example, a request to make gifts from the donor’s assets or a request to sell the donor’s home).
EPA & LPA Registration
Existing enduring powers of attorney must be registered where the donor has lost, or is losing, their mental capacity to deal with their own affairs. Applications must be made on prescribed forms and notices must be served on at least three people, those people being defined by a statutory list of family members.
There is a current Office of the Public Guardian fee of £110 for the registration of an enduring power of attorney.
Lasting powers of attorney must be registered before use, regardless of whether the donor has lost capacity. Unlike enduring powers of attorney, the donor or the attorneys can seek to have a lasting power of attorney registered. Again, applications must be made on prescribed forms and notices must be served but with lasting powers of attorney those notices are served on people chosen by the donor (who are specified in the lasting power of attorney form itself).
There is a current Office of the Public Guardian fee of £110 for the registration of each lasting power of attorney.
Anyone on whom notice of the application to register a power of attorney is served (including the donor) has the right to object to the registration on one or more of a number of specified grounds. If, however, there are no objections the Office of the Public Guardian generally register the power of attorney within 6 to 8 weeks (although it can take longer).
If somebody loses their mental capacity to deal with their own affairs without having put in place an enduring or lasting power of attorney a deputy will need to be appointed.
A deputy application is made to the Court of Protection. The person(s) named as deputy are chosen by the Court of Protection and not by the donor and, accordingly, could be someone the donor would not ordinarily choose to make such decisions.
Deputy applications are generally more complex, more time consuming and therefore more expensive than putting in place a valid lasting power of attorney.
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