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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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a relative registered me to have enduring power of attorney

Customer Question

a relative registered me to have enduring power of attorney in Dec 2001 and her solicitor drew up the forms which we signed. She has recently had a stroke and is currently unable to manage her affairs. The hospital are discussing future residential care and she also has ongoing household bills at this present time. Do I need to register this situation with the Court of Protection and if so, which forms do I need to fill? I have looked online, but it is so confusing! Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say do I understand correctly that your relative has last mental capacity fully presently please?

Customer:

she is unable to communicate now, as the stroke has affected her power of speech. I think she can understand what is being said to her, but is unable to reply coherently.

Joshua :

Thank you. You will on that basis need to register the EPA in order to continue to use it lawfully. You will need the following forms:

Joshua :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245533/EP2PG_Apply_register_EPA.pdf

Joshua :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245532/EP1PG_Notice_intention_register_EPA.pdf

Joshua :

They are straightforward enough save for the notification procedure. The notification procedure requires you to notify at least three relatives in priority order.

Joshua :

Would you like to continue?

Customer:

Thank you, XXXXX XXXXX straightforward enough.

Joshua :

The priority order is shown on page 11 of the following document:

Joshua :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287864/EPA101_Guidance_apply_register_EPA.pdf

Customer:

many thanks

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