Fillable Form EP1PG: Mental Capacity Act 2005 Enduring Power (Cabinet Office)

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Form EP1PG: Mental Capacity Act 2005 Enduring Power (Cabinet Office)

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EP1PG – 08.13
Form EP1PG
Mental Capacity Act 2005
Enduring Power of Attorney
Notice of intention to apply for registration
of an Enduring Power of Attorney
To……………………………………………………………….
Of……………………………………………….…………….…
This form may be
adapted for use by
three or more
attorneys
Give the name
and address of the
donor
TAKE NOTICE THAT
I …………………………………………………….…..……
of ……………………………….…………………….………
and I ……………………………..…………………….……..
of ……………………………….…………………….………
The attorney(s) of .………….……………………….………..
……………………………………………………….……….
of ………………………….………………………………...
………………………….….…………………………………
intend to apply to the Public Guardian for registration of the
enduring power of attorney appointing me (us) attorney(s) and
made by the donor on the ……………………………………
1. You have the right to object to the proposed registration
on one or more of the grounds set out below. You must
notify the Office of the Public Guardian of your objection
within five weeks from the day this notice was given to
you. You may make an application to the Court of
Protection under rule 68 of the Court of Protection Rules
2007 for a decision on the matter. No fee is payable for
such an application. If you do not make such an
application, the Public Guardian may ask for the court’s
directions about registration.
The grounds upon
which you can
object are limited
and are shown at
2 overleaf
EP1PG – 08.13
Please write to:
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
www.gov.uk/power-of-attorney
Note: The
instrument means
the document
used to make the
enduring power of
attorney made by
the donor, which
it is sought to
register
The attorney(s)
does not have to
be a relative.
Relatives are not
entitled to know
of the existence of
the enduring
power of attorney
prior to being
given this notice
2. The grounds on which you may object to the proposed
registration are:
That the power purported to be created by the
instrument is not valid as an enduring power of attorney
That the power created by the instrument no longer
subsists
That the application is premature because the donor is
not yet becoming mentally incapable
That fraud or undue pressure was used to induce the
donor to make the power
That 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. If you object, you must notify the Office of the Public
Guardian and state which of the grounds you are relying on
within five weeks from the day this notice was given to you.
You can obtain the necessary court forms to object by.
Calling the court on 0300 456 4600
Downloading the forms from
www.justice.gov.uk/global/forms/hmcts/index.htm
Note: Part 4 is
addressed only to
the donor
Note: This notice
should be signed
by every one of
the attorneys who
are applying to
register the
enduring power of
attorney
Note:
The attorney(s)
must keep a
record of the
date on which
notice was given
to the donor and
to relatives. This
information will
be required from
the attorney(s)
when an
application to
register the EPA
is made
4. You are informed that while the enduring power of attorney
remains registered, you will not be able to revoke it until the
Court of Protection confirms the revocation.
Signed: ………………………………… Dated: ……………………
Signed: ………………………………… Dated: ……………………
Our staff will be
able to assist with
any questions you
have regarding the
objection (s).
However, they
cannot provide
advice about your
particular
objection.
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Form EP1PG: Mental Capacity Act 2005 Enduring Power (Cabinet Office)

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Completed 20 July 2021

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