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Last EFIS release: 38/2007 (September 2007)

Form status: Deleted

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.

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