Registration of Enduring Powers of Attorney. 
The Court of Protection and Appointment of A Deputy

Before the introduction of the Mental Capacity Act 2005 the system of creating Powers for someone to act on your behalf in relation to your affairs was dealt with under Enduring Powers of Attorney.  Enduring Powers of Attorney (EPA) which were validly created prior to the change in legislation are still valid.  However, the main difference with them and the new style Lasting Powers of Attorney is that if you become mentally incapable your attorney has an obligation to register the EPA at the Court of Protection.  The registration follows a formal procedure and we are able to assist with such applications should they become necessary.  There are safeguards in place to prevent an Attorney registering an EPA unless it is necessary.  Once the EPA is registered it cannot be revoked, and the Attorney can continue to act on your behalf.

What Happens If I become Incapable and there is No EPA or Lasting Power of Attorney In Place?

In this instance it would be necessary for an application to be made to the Court of Protection for a Deputy to be appointed who can look after your affairs.  This application would normally be made by a family member (if there are family members available to act), but in some circumstances applications can be made by someone other than family if there are no relatives available or willing to act. 

The application process is lengthy and complicated and normally  takes some time to be processed by the Court.  Therefore there could be a delay in any proceedings which require your signature – i.e. if you were selling your house, or the house needed to be sold for your care – then the process would have to be stopped while an Order from the Court is obtained to allow your Deputy to act on your behalf.

We can guide you through the application process, assist with the completion of the necessary application forms, service of papers upon the parties concerned, and deal with any queries or other matters arising during the application process.  Please contact us for further details of the services we offer in this regard.

If you have been appointed to act as an Attorney or a Deputy how can we help?

Acting as an Attorney or a Deputy on behalf of someone is a very responsible position and many clients require guidance and assistance to fulfil their obligations.  We are able to offer advice and guidance to people who have been appointed.  Please contact us for further details of the services we offer.

We can also offer assistance to Deputies who have already been appointed by the Court with matters such as accounts, selling properties and general administration of the individual’s affairs.

What to do Next?

If we can be of any assistance in connection with enduring powers of attorney, court of protection applications or if you wish to discuss matters in more detail then please do not hesitate to contact us.