Attempted revocation of EPA

Discussion in 'Legal and financial issues' started by Lulabelle, Oct 17, 2015.

  1. Lulabelle

    Lulabelle Registered User

    Jul 2, 2012
    303
    South West France
    Hi friends
    Does anyone have experience of an attempt by one sibling to revoke a registered Enduring a Power of Attorney from the other siblings. The one sibling is not a named attorney whilst the others are and have done nothing wrong.
    Thank you.
     
  2. min88cat

    min88cat Registered User

    Apr 6, 2010
    581
    Hi there,

    Has the EPA been registered? It would appear when googling that if it hasn't been registered and if the donor still has capacity, it can be revoked. If it has been registered, I don't know what happens. I'm sure someone will be along with more knowledge than me to assist.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    The sibling who wants it to be revoked will have to apply to the Court of Protection with evidence of misuse by the power by the attorney.

    If the court agrees with the allegations it can order that the power is revoked.

    Assuming that the donor has lost capacity a deputy will then have to be appointed, the court could well appoint one from their panel of deputies.
     
  4. Lulabelle

    Lulabelle Registered User

    Jul 2, 2012
    303
    South West France
    Thanks for the replies.
    The EPA was registered 3 years ago.
    There is no suggestion that the attorneys have acted improperly.
    The situation is that the sibling who was not named, but was notified of the registration, is now trying to get it revoked so that a new LPA can be set up with all the siblings acting.
    I feel it is unlikely that a judge would agree to it and worry that the donee could end up in court or, worse, that they could appoint a court deputy to act in future.
    I was just wondering whether anyone had experience of trying to do this in a similar situation.
     
  5. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    The time for the sibling to revoke the EPA was at the time they were notified of the registration. I don't think the court would even entertain this case.

    Having said that, does the donor still have capacity? Because if not, there would be no possibility of having an LPA set up.

    I think they are on a hiding to nothing frankly, although you should be prepared, when this revocation turns out not to be an option for allegations of financial abuse I'm afraid.
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,021
    Male
    North Manchester
    The unnamed sibling would have received
    https://www.gov.uk/government/uploa...58111/EP1PG_Notice_intention_register_EPA.pdf
    which contains the grounds on which at that time they could register an objection.

    If there is no suggestion of improper action there is nothing they can do.

    Note that on receipt of the notice to register they whould not have been able to have themselves added, only object on factual grounds to at least one of the attorneys.

    The attorneys were chosen by the donor whilst they had capacity and can't now be changed just because somebody thinks the choice was incorrect.

    In the absence of any allegation of improper use just let them get on with it and relax, they won't get anywhere with the court, they had their chance to complain that the donor was pressurised and did not take it.
     
  7. Lulabelle

    Lulabelle Registered User

    Jul 2, 2012
    303
    South West France
    Thank you everyone.

    I rather suspected she was on a sticky wicket but it's nice to have the opinions of others who aren't involved.

    I can't believe she would even consider putting our mother in a court-room frankly and I do hope she thinks better of this unnecessary and ridiculous scheme.

    Oh and as for allegations of financial abuse - she can try. We've had nothing from our mother.

    Thank you all again.
     

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