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How should I give notice of intention to register an EPA?
I act for a sole attorney who wants to register an enduring power of attorney (EPA) as they believe the donor is becoming mentally incapable. To whom do I give notice of intention to register the EPA?
Form EP1PG should be used to give notice of intention to register.
Notice should be sent to the donor and at least three close relatives of the donor in priority order.
The classes of relative to give notice to are listed in Schedule 4, paragraph 6(1) of the Mental Capacity Act 2005 (MCA).
Schedule 4 lists ten separate classes of close relative in order of priority.
If relatives in one class cannot be found, or have died, move on to the next class until three close relatives have been located and notified.
Paragraph 6(2) MCA recognises that the provision of notice to close relatives may not be possible if the name and address of the relative is not known to the attorney and cannot be reasonably ascertained.
Paragraph 7(2) MCA authorises the court to dispense with the requirement to give notice in appropriate circumstances.
For more information, see Lasting Powers of Attorney: A Practical Guide (4th edition).
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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