There are three basic steps to follow if you intend to register an enduring power of attorney in England. Find out how to apply, the fees, and how long registration takes.
There are several key differences between activating an enduring power of attorney (EPA) and its replacement since 2007, the LPA.
For example, once the donor begins to lose mental capacity you would need to register your enduring power of attorney (EPA).
Follow these three steps to complete the EPA registration process:
The first step is downloading the registration forms and guidance pack. Fill in Form EP1PG and send it to:
You must tell the first three (3) eligible donor family members from the list. Move on to next person in the list if there is no family member in any particular category. It is important to tell the family members in this specific order:
After telling one person in a category, you must then tell all the people in the same category. So, suppose you are telling a grandchild as one of the three relatives. If the donor has nine other grandchildren, you must tell all ten of them.
It is possible to be a family member as well as one of the attorneys. In this case, you should count the attorney as one of the people who need telling - and then tell any other people in your category.
Anyone that you tell can object to the registration of a power of attorney. They would have 35 days to make their objection from when they receive the form.
Note: You must do whatever you can to locate and tell the people who need telling. But, you may not know their address or there may not be three relatives alive. In this case, you should notify the Office of the Public Guardian (OPG) when you apply to register an EPA.
The next step is to download the application form EP2PG from the registration forms and guidance pack. After you have 'officially' told all the people that you intend to register, you should send the application form to the OPG.
Office of the Public Guardian
PO Box 16185
There is a different mailing address for the OPG for any members of the DX Exchange courier service.
Office of the Public Guardian
Send the original EPA form at the same time or use a certified copy if you do not have the original version. There is a fee to pay for registering an enduring power of attorney in England.
The cost to register an enduring power of attorney (EPA) is £82 (£41 to make a repeat application). Use form LPA120 if you qualify for any help with power of attorney fees. Make the cheque payable to 'Office of the Public Guardian' and write the full name of the donor on the reverse side.
Important: The '50% remission' rule means you would only pay half if the donor's income is less than £12,000 (before tax).
As a rule, registering an EPA will take between two and three months after sending the application form. It may take longer if any of the family members raise an objection to the registration.
You can only use an enduring power of attorney (EPA) if it was made using the correct process. You would need to check that the EPA form was:
At the time the enduring power of attorney (EPA) was created, you and any of the other attorneys must have been:
Attorneys can only use EPAs made and signed before the 1st of October 2007. Since then, donors have had to make a lasting power of attorney (LPA) instead.
How to Register Enduring Power of Attorney in United Kingdom