Object to the registration of a power of attorney

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Enduring power of attorney

You can object to the registration of an enduring power of attorney (EPA).

There are 2 ways to object - the one you use depends on whether you’ve received an official letter telling you someone wants to register the EPA.

Object if you’ve received an official letter

The donor and some of their relatives will receive a letter telling them that an attorney intends to register an EPA.

If you’re one of these people, you can object to the registration if you believe that:

  • the EPA is not legally correct, for example, it was not properly signed and witnessed
  • the donor did not have mental capacity when the EPA was made
  • the donor cancelled their EPA when they still had capacity
  • there was fraud, for example, the donor’s signature on the EPA was faked
  • the donor was pressured to make an EPA
  • the donor still has capacity so the EPA should not be registered yet
  • an attorney is acting above their authority or against the donor’s best interests

Fill in and send:

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

You must object within 5 weeks of receiving the letter telling you about the registration.

Object if you did not receive an official letter

You can object if you do not think the EPA should be registered.

Fill in and send an application form (COP1) to the Court of Protection.

Include a cheque for £408 made payable to the ‘HM Courts & Tribunals Service’.

You must also write to OPG to tell them why you’re objecting to the registration.

Office of the Public Guardian

PO Box 16185

Birmingham

B2 2WH

Get a reduction or exemption of the fee

You may not have to pay the fees if you’re on means-tested benefits or a low income.

Apply for a reduction or exemption if you’re eligible.

What happens next

You’ll be contacted by OPG or the Court of Protection within 5 days of them receiving your objection. They’ll advise on what steps you need to take next.

View a printable version of the whole guide

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