Objecting to Registration of Enduring Powers of Attorney

If a person (the donor) has made an enduring power of attorney and subsequently loses mental capacity, the attorney appointed under the document is under a duty to register that document with the Court of Protection.

The registration procedure requires the attorney to notify the closest relatives of the donor. This may be the first time a relative becomes aware that an enduring power of attorney has been made.

If a relative is concerned about the existence of an enduring power of attorney it is possible to object to the registration, but only on the following grounds:

1. 1. The enduring power of attorney is not valid - i.e. where the donor did not have mental capacity to make the enduring power of attorney
2. The power no longer subsists - i.e. when the donor has revoked the enduring power of attorney
3. The application is premature - i.e. the donor is not or is not becoming mentally incapable of managing their financial affairs
4. Fraud or undue pressure was used to induce the donor to making the power
5. The attorney is unsuitable to be the donor's attorney

If you believe that one of the grounds applies then we can advise you on the merits of your objection and assist with your application.

If your application is successful, the appointment of a deputy may be required and we have specialist lawyers who can advise you on this.

Cancellation of a Registered Enduring Powers of Attorney

It is also possible to make an application for the cancellation of a registered enduring power of attorney in certain circumstances. This is possible if:

1. Fraud or undue pressure was used to induce the donor to create the power
2. The attorney is unsuitable to be the donor's attorney

It might be necessary to apply for cancellation because the time period for lodging an objection to registration has expired, or where the circumstances change or come to your attention over time. If you believe that one of the above grounds applies, we can advise you on the merits of your case and assist with your application.

If you need Power of Attorney advice then call our team on 02920 404034 today.

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