Court of Protection Advice Please

[Roma]

Just received the information pack from the Public Guardianship to register my mother's EPA.

I couldn't believe the section about notifying relatives. I have to inform 3 relatives. Two of which could include myself and my brother as attorneys and the third one to be taken from a list which included, children, grandchildren, brothers/sisters. Well she has no grandchildren and all her brothers and sisters died years ago. Which left the next category which was nieces and nephews. And from that category I have to inform all of them - not just one of them. How ridiculous is that!!!

Firstly I only know about three of them. We lost touch with the other eight or so and I don't even know where they are - let alone if they are still alive. I also don't see what business it is of relatives who she hardly speaks to. Plus what right do they have to object to the registration.

Has anyone else had this problem with registration?

Roma x

 

[christine_batch]

Dear Roma,
Although I have no help to give, I do remember someone else writing the same question that you have.
I hope they pick up your message and answer you.
There is also the Alzheimer's Society Legal Department who are brilliant with giving answers.
Best wishes
Christine

 

[sue38]

Hi Roma,

Yes I'm afraid you are right. You have to serve notice on at least 3 relatives and if you serve one from a class you have to serve the whole class.

It used to be the case that if it would be undesirable or impractical to serve the relative, or no useful purpose would be served by giving notice to him, you could apply to dispense with service on a form EP3. I have tried to find the form on the OPG website but it isn't there. I then tried to find it in our database and it has been deleted, so I suspect that you can no longer make this application. You would need to speak with the OPG.

This is one of the reasons why in the new Lasting Power of Attorney the donor states who they wish to be informed (who may or may not be relatives), or if they don't want anyone informed when the power is registered, so you're not having to serve relatives you've had no contact with for years.

There are only certain grounds on which relatives who have been served with notice can object.

 

[Roma]

Thanks for your replies.

I rang the OPG and said that I was only in contact with about three of my cousins and I had no idea where the others were or even if they were still alive and he said that as long as I contact the ones I'm aware of then that should be suffient.

Common sense at last. Still think it's ridiculous though!!

Roma

 

[johne]

Hi Roma,
I've just updated my thread 'Intro and relatives for EPA registration'. From my experience, as long as you explain things fully to the OPG then you'll be ok.
good luck,
John.

 

[Cliff]

Hello Roma,

I have exactly the same problem, have only two living relatives in the blood line and my solicitor has answered the query. Am still wsiting for the reply from the COP.

Hope your phone call is successful.

It isn't easy.

Best wishes,