EFIS 39, June 2015 : Court of Protection

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The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 amend the 2007 Regulations of the same title and will come into force on 1st July.

In particular, these 2015 Regulations prescribe new forms for creating and registering lasting powers of attorney for property and financial affairs and health and welfare and for registering them.

LP1F replaces the current LPA117 form and LP1H replaces the existing LPA114 form. LP2 replaces the current LPA002 form and LP3 replaces the existing LPA001 form.

LPA005 is an amended version of the existing LPA005 form.

LPC and LPC1-LPC4 are the new continuation sheets which replace the existing continuation sheets which are currently used with LPA.

Practitioners should refer to regulations 17-19 of the 2015 Regulations which contain transitional provisions regarding the use of existing LPA forms after 1st July. In particular, these regulations permit the use of existing forms if executed before 1st January 2016.

The existing forms EP1PG, EP2PG, LPA006, LPA007, LPA008 and LPA120A are unaffected and should continue to be used before and after 1st July.

However, the existing forms LPA IS, LPA115-B and LPA118B have not been updated or replaced by new forms after 1st July and should only be used with the old LPA forms if used before 1st January 2016.

The new LPA forms, accompanying notices and continuation sheets should only be used for new LPA applications made on or after 1st July.

Finally, EP3PG is a new form which has been added to the range and can be used immediately.

Important Notice to LPA_Combined subscribers only

Forms included in our LPA_Combined form can continue to be used until 1st January 2016, however we are about to release a new LPA_Workflow which replaces LPA_Combined using the new forms listed in this Efis.

If current subscribers to form LPA_Combined wish a demonstration of the new LPA_Workflow form, please email paul.oconnor@oyez.co.uk

Forms affected

LPA005	Disclaimer by a proposed or acting attorney under a Lasting Power of Attorney	New/Amended
EP3PG	Notice to the Office of the Public Guardian of an objection to registration of an Enduring Power of Attorney	New/Amended
LP1H	Lasting power of attorney for health and welfare	New/Amended
LP1F	Lasting power of attorney for property and financial affairs	New/Amended
LP3	Notice of intention to register a lasting power of attorney	New/Amended
LP2	Register your lasting power of attorney	New/Amended
LPC	Continuation sheets	New/Amended
LPC1	Continuation sheet 1 - Additional people	New/Amended
LPC2	Continuation sheet 2 - Additional Information	New/Amended
LPC3	Continuation sheet 3 - If the donor cannot sign or mark	New/Amended
LPC4	Continuation sheet 4 - Trust corporation appointed as an attorney	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.