In the UK, enduring powers of attorney (EPA) enabled donors (persons believing that they may become incapacitated in the future) to vest authority to make decisions on behalf of the donor in another person (called an attorney). In October 2007, lasting powers of attorney replaced enduring powers of attorney. Enduring powers of attorney entered into on or before October 2007 may still be registered with the UK public guardian's office. Registration of the EPA puts the public on notice that the attorney has authority to act for the donor.
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Look for provisions in your enduring power of attorney that state whether you need to provide medical evidence of incapacitation to the public guardian office. According to publicguardian.gov.uk, you only need to register your EPA when you have reason to believe the donor is becoming incompetent; you need to provide medical evidence if the EPA between you and the donor states this.
Contact the UK Office of the Public Guardian and obtain the following forms: EP1PG (Notice of intention to apply for registration of an Enduring Power of Attorney) and EP2PG (Application for registration of an Enduring Power of Attorney).
Fill out the forms and attach the EPA. Send to the UK public guardian office, which will review your application materials and return the EPA within five days after application.
Attend the registration hearing the UK public guardian sets. This occurs within 35 days after you apply to have the EPA registered. The purpose of the hearing is to allow people to object to the EPA. If no objections are made, or if objections are overruled, you will be granted authority under the EPA and may act on behalf of the donor.
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