1. Expert Q&A: Protecting a person with dementia from financial abuse - Weds 26 June, 3:30-4:30 pm

    Financial abuse can have serious consequences for a person with dementia. Find out how to protect a person with dementia from financial abuse.

    Sam, our Knowledge Officer (Legal and Welfare Rights) is our expert on this topic. She will be here to answer your questions on Wednesday 26 June between 3:30 - 4:30 pm.

    You can either post questions >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on the day.

Court of Protection Advice Please

Discussion in 'ARCHIVE FORUM: Support discussions' started by Roma, Jun 11, 2008.

  1. Roma

    Roma Registered User

    Jan 15, 2008
    122
    UK
    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
     
  2. christine_batch

    christine_batch Registered User

    Jul 31, 2007
    3,388
    Buckinghamshire
    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
     
  3. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    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.
     
  4. Roma

    Roma Registered User

    Jan 15, 2008
    122
    UK
    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
     
  5. johne

    johne Registered User

    Jan 8, 2008
    15
    Essex
    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.
     
  6. Cliff

    Cliff Registered User

    Jun 29, 2007
    777
    North Wales
    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,
     

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