Fill - Free fillable Form 8: Application relating to the registration of (Cabinet Office) PDF form

Application relating to the

registration of an enduring

power of attorney (EPA)

COP

12.17

Court of Protection

Name of the donor of the EPA (this is the person who made the EPA)

SEAL

For ofﬁce use only

Date received

Case no.

Date issued

Please read ﬁrst

• You need to complete and ﬁle this application

form if you are the donor, an intended attorney

or a relative of the donor entitled by Schedule 4

of the Mental Capacity Act 2005 (the Act) to be

notiﬁed of the application to register the EPA and:

– you wish to object to the registration of the

EPA; or

– you wish to seek the registration of the

EPA where you have been notiﬁed that the

registration has been suspended.

• If you are entitled to be notiﬁed then either you

will have received an EP1PG notice of intention to

apply for registration, or the Public Guardian will

have notiﬁed you that the registration has been

suspended.

• You may have to pay a fee when you make an

application. Refer to the leaﬂet COP44 Court of

Protection – Fees for details.

• Schedule 4 of the Act provides for the court to

dispense with the requirement to give notice.

If you are one of the people entitled by the Act to

be notiﬁed then you can object to the court using

this form even if you have not received an EP1PG

notice but you ﬁnd out about the application

through other means.

• If you wish to apply to object to the registration

of the EPA then you should do so as soon as

reasonably possible after receiving the EP1PG

notice. You should notify the Public Guardian

of your application. If you do not make an

application, the Public Guardian will ask for the

court’s directions on registration. See note 1 at the

end of this form for information on notifying the

Public Guardian.

• You may need to pay for any costs you incur

during the proceedings. If the court considers that

you have acted unreasonably you can be ordered

to pay the costs incurred by other parties.

• If you are not one of the people entitled by the

Act to be notiﬁed of the application to register the

EPA but you wish to object you can still do so

but you need to ﬁle a COP1 application form and

pay the speciﬁed fee. You should notify the Public

Guardian of your application. See note 1 in the

separate guidance for information on notifying the

Public Guardian.

• Please continue on a separate sheet of paper if

you need more space to answer a question.

Write your name, the name and date of birth of

the donor, and the number of the question you

are answering on each separate sheet.

• For assistance in completing the form please see

guidance notes and website:

www.gov.uk/court-of-protection

• Court of Protection staff cannot give legal advice.

If you need legal advice please contact a solicitor.

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Section 1 - Your details (the applicant)

1.4 Which address should ofﬁcial documentation be sent to?

Your address

Solicitor’s address

Other address (please provide details)

First name

Middle name(s)

Last name

Mr. Mrs. Miss Ms. Other

Address

(including

postcode)

Telephone no.

Daytime

Evening

Mobile

E-mail address

Name

Address

(including

postcode)

Telephone no. Fax no.

DX no.

E-mail address

If Yes, please give the solicitor’s details.

1.3 Is a solicitor representing you?

Yes No

1.1 Your details

1.2

1.5 Your description

Donor (person making the EPA)

Attorney

Other person entitled to be notiﬁed of the application to register the EPA

Section 2 - Details of the EPA

First name

Middle name(s)

Last name

Mr. Mrs. Miss Ms. Other

2.1 Full name of the donor (if you are not the donor)

2.2 Donor’s address and telephone number (if you are not the donor)

Address

(including

postcode)

Telephone no.

Daytime

Evening

Mobile

E-mail address

2.3 Donor’s date of birth

D D M M Y Y Y Y

2.5 Date donor signed the EPA

2.6 Date you were given notice of the application to register the EPA

D D M M Y Y Y Y

2.4 Full name of intended attorney(s)

First name

Last name

First name

Last name

Mr. Mrs. Ms. Miss Other

First name

Last name

Mr. Mrs. Ms. Miss Other

Section 3 - Your application

3.1 Please state the directions you are seeking.

3.2 If you object to the registration of the EPA you can only do so on grounds which are prescribed in the

Mental Capacity Act 2005.

Please indicate your grounds for objecting to the proposed registration:

The power purported to be created by the instrument* is not valid as an

enduring power of attorney

The power created by the instrument no longer subsists

The application is premature because the donor is not yet becoming mentally

incapable

Fraud or undue pressure was used to induce the donor to make the power

The attorney is unsuitable to be the donor’s attorney (having regard to all

the circumstances and in particular the attorney’s relationship to or connection

with the donor).

3.4 If you seek registration please state your reasons for doing so.

I conﬁrm I have

notiﬁed the Public

Guardian

3.3 I have notiﬁed the Public Guardian of my intention to apply to the court in

relation to the registration of the EPA. (See note 1)

3.5 Any evidence in support of your application must be ﬁled with this application

form. If you are attaching any written evidence please use the COP24 witness

statement form.

Evidence attached

4.1 If the court requires you to attend a hearing do you need any special

assistance or facilities? (See note 2)

If Yes, please say what your requirements are. If necessary, court staff may contact

you about your requirements

Section 4 - Attending court hearings

Yes No

Please tick to conﬁrm

*The instrument means the EPA made by the donor.

Section 5 – Statement of truth

The statement of truth is to be signed by you, your solicitor or your litigation friend.

*(I believe) (The applicant believes) that the facts stated in this application form are true.

Position or

ofﬁce held

Date

Signed

Name

*Applicant(’s solicitor)(’s litigation friend)

Name

of ﬁrm

Now read note 3 about what you need to do next.

* Please delete the option in

brackets that do not apply.

Guidance notes

Note 1

Notifying the Public Guardian

If you have not already done so, you should notify the

Public Guardian of your objection within ﬁve weeks

of receiving the EP1PG notice. Upon notiﬁcation

the Ofﬁce of the Public Guardian will suspend the

registration until the court provides further directions.

If the Public Guardian is not notiﬁed there is a risk that

the EPA will be registered.

You should also notify the Public Guardian of your

application to the court.

You can notify the Public Guardian by writing to:

PO BOX 16185

Birmingham B2 2WH

Note 2

Attending court hearings

If you need special assistance or special facilities

for a disability or impairment, please set out your

requirements in full. It is important that you make the

court aware of your needs to avoid causing any delays.

The court staff will need to know, for example, whether

you want documents to be supplied in an alternative

format, such as Braille or large print.

They will also need to know about any speciﬁc

requirements should there be a hearing, such as

wheelchair access, a hearing loop or a sign

language interpreter.

Note 3

What you need to do next

The court requires two copies (i.e. the original plus

one copy) of the each form and document you ﬁle.

Please return the original completed form and

copies to the Court of Protection, along with any fee.

For details on where to send your application check

the website: www.gov.uk/court-of-protection

Note 4

What happens next?

The court will notify you when your application form

has been issued and the court will return a sealed

copy of the application form. You will need to serve a

copy on the donor and each attorney of the EPA.

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