EFIS 38, September 2007 : Court of Protection

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The Mental Capacity Act 2005 introduces new lasting powers of attorney on 1st October.

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 prescribe the new forms and procedures to be followed when creating and registering a new lasting power of attorney (LPA) which revoke and replace enduring powers of attorney from 1st October.

The 2007 Regulations also replace EP1 and EP2 with EP1PG and EP2PG. These forms will be required to notify the newly created Office of the Public Guardian of an intention to apply for registration of an enduring power of attorney (EPA) signed before 1st October and to register such an EPA on EP2PG. Forms EP3 and EP4 will become obsolete after 30th September.

LPA001 is used to notify third parties of an intention to register a lasting power of attorney with the Office of the Public Guardian (OPG).

LPA002 is the form to register the creation of a lasting power of attorney with the OPG.

LPA005 enables an attorney to renounce his or her appointment and LPA006 is a notice of objection to the registration of a lasting power of attorney.

LPA007 can be used by an attorney or named individuals to object to the registration of the proposed registration of an LPA on factual grounds.

LPA008 is used to notify the OPG that an application to object to the registration of a lasting power of attorney has been made to the Court of Protection.

None of these new forms should be signed by your clients and lodged with the OPG before 1st October.

Practitioners can continue to use CON36E, CON36ECT(continuation), EP1, EP1(3), EP2, EP3 and EP4 until 30th September but we recommend that you delete these forms on or after 1st October.

Finally, Court of Protection forms CPA, CPB, CPC, CP3, CP5 and CP7 will become obsolete after 30th September.

We anticipate publishing new applications to the Court of Protection in October.

This EFIS requires deletions. For deletion instructions, click here

Forms affected

EP1(3)	Notice of Intention to Apply for Registration - Adapted for 3 Attorneys	Withdrawn
CON36E	Enduring Power of Attorney	Withdrawn
EP1	Notice of Intention to Apply for Registration	Withdrawn
EP2	Application for Registration	Withdrawn
EP3	General Form of Application	Withdrawn
EP4	Application for Search / Office Copy	Withdrawn
CON36ECT	Continuation Sheet for use with CON36E	Withdrawn
CP3	Medical Certificate	Withdrawn
CP5	Certificate of Family and Property	Withdrawn
CP7	Certificate of Service of Notice	Withdrawn
CPA	General Form of Application	Withdrawn
CPB	Form B: Witness Summons	Withdrawn
CPC	Form C: Notice of Appeal	Withdrawn
LPA PA(NOTES)	Notes for completing an LPA - Property and Affairs	New/Amended
LPA PW(NOTES)	Notes for completing an LPA - Personal Welfare	New/Amended
EP2PG(NOTES)	Guidance Notes for completing the application form EP2PG	New/Amended
LPA005	Disclaimer by a proposed or acting attorney under a Lasting Power of Attorney	New/Amended
LPA006	Objecting by the donor to the registration of a lasting power of attorney	New/Amended
LPA007	Objection to the Office of the Public Guardian of a proposed registration of a Lasting Power of Attorney on factual grounds	New/Amended
LPA008	Notice to the Office of the Public Guardian of an application to object to registration of a lasting power of attorney made to the Court of Protection	New/Amended
LPA001	Notice of intention to apply for registration of a Lasting Power of Attorney	New/Amended
LPA002(NOTES)	Guidance Notes for completing the application form LPA2	New/Amended
LPA PA	Lasting Power of Attorney - Property and Affairs	New/Amended
LPA PW	Lasting Power of Attorney - Personal Welfare	New/Amended
LPA002	Application to register a Lasting Power of Attorney	New/Amended
EP1PG	Notice of Intention to Apply for Registration of an Enduring Power of Attorney	New/Amended
EP2PG	Application for Registration of an Enduring Power of Attorney	New/Amended
EP1PG(3)	Notice of Intention to Apply for Registration of an Enduring Power of Attorney - Adapted for 3 Attorneys	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.