Intro and relatives for EPA registration

Discussion in 'ARCHIVE FORUM: Support discussions' started by johne, Apr 29, 2008.

  1. johne

    johne Registered User

    Jan 8, 2008
    15
    Essex
    Good morning TP,
    I've been reading the posts here for a few months now, thanks for the helpful replies that are always here.
    My Dad has AD and recently spent 5 weeks in a care home while I was away (he lives on his own). Of course, his illness is gradually progressing, but his abilities seemed to take a step down in those 5 weeks because he forgot a lot of his daily routine e.g. how to operate his microwave. Hopefully that will now be partly overcome by a regular visit from a local charity that works to help people remain in their homes (Pramacare).
    Now the question:confused: I've decided to register the EPA that we (Dad and I) completed a year or so ago and I've got as far as giving Dad the notice that I intend to register the EPA which is ok, but I also need to notify 2 other relatives (I count as one of the three required). I am an only child and so is Dad, and all of his parents' generation are long gone, so, from the list of relatives in the Public Guardian notes that leaves cousins as the only possible option. As far as I know Dad has no surviving cousins either though they might possibly exist, Dad is not in contact with any - I've tried asking him and searched through his address book - though his father did have quite a few siblings Dad doesn't even know if they had any children.
    Does anyone know what is the consequence of submitting the registration with no relatives notified (with an explanation similar to the above)? Longer / more expensive registration process?
    What do the Public Guardians Office regard as adequate effort to trace relatives - do they expect you to go as far as looking up old census returns and birth certificates like you would do for compiling a family tree?
    Thanks for reading this far,
    John.
     
  2. Laylabud

    Laylabud Registered User

    Sep 7, 2007
    111
    Kent
    I have recently registered the EPA for my Mum, i take it from your posting that you are an only child. Does your Dad have any nieces or newphews on either his side or your mothers side of the family. With our EPA there are 2 of us but i didn't know who else to put on the form as my Mum's brother passed away several years ago, so i phone the helpline at the public guardian's office and they told me that i could put down other family members so i put down a newphew on my Dad's side, who Mum had not seen for years, it was all excepted. Have you tried phoning them and explaining your situation, i found them very helpful so it might be worth a try.

    Good Luck and let us know how you get on

    Layla Bud
     
  3. Katie Malarkey

    Katie Malarkey Registered User

    Mar 29, 2008
    23
    Northumberland
    Hello John,
    I too am an only child, and last week sent off the EPA I have for my mam to be registered. I had to see the solicitor first (as he held the original copy) so asked his advice regarding 'no relatives to notify', he said to simply put explanations why I believed I had no-one to notify in a covering letter, which I have - but first I looked at what the 'Mental Capacity Act' classed as 'relatives' and it listed:

    (a) the donor’s spouse or civil partner,
    (b) the donor’s children,
    (c) the donor’s parents,
    (d) the donor’s brothers and sisters, whether of the whole or half blood,
    (e) the widow, widower or surviving civil partner of a child of the donor,
    (f) the donor’s grandchildren,
    (g) the children of the donor’s brothers and sisters of the whole blood,
    (h) the children of the donor’s brothers and sisters of the half blood,
    (i) the donor’s uncles and aunts of the whole blood,
    (j) the children of the donor’s uncles and aunts of the whole blood.

    Rightly, or wrongly, I listed these in my letter stating why I coudn't notify each one (deceased/not applicable/no contact/whereabouts unknown etc,etc).

    Hope this helps a bit, but I'll let you know if I get my application returned or accepted!

    Katie.
     
  4. johne

    johne Registered User

    Jan 8, 2008
    15
    Essex
    Hello Layla and Katie,
    Yesterday evening I sent an email to the OPG explaining the situation and asking what difference it made if there weren't any relatives to notify. I also asked if I could notify a couple of Dad's friends instead, because they would have much more interest in his welfare than a cousin who we had never met (if one exists).
     
  5. johne

    johne Registered User

    Jan 8, 2008
    15
    Essex
    Update

    Well, I got a reply from my email to the OPG saying I should include details of Dad's assets and income/expenditure with my application, but that reply came after I'd posted the EPA to the OPG (because it has to be sent within 10 days of the last notification). On the form for the registration I explained the lack of relatives i.e. only son of an only son etc. I expected to get a request for the details of Dad's current financial situation and then to go from there.
    But on Saturday I got the registered EPA returned to me :) with no extra jumping through hoops required, so it seems to me that if you just put all the facts the OPG can make its decision based on those and they're not looking to make life difficult.
     
  6. Nebiroth

    Nebiroth Registered User

    Aug 20, 2006
    3,511
    I'm not sure, but I think that when registering the EPA you're only required to make "reasonable" efforts to contact the necessary relatives. Of course, the question is, what is reasonable, or more importantly, what would the Court regard as reasonable?

    It seems to have turned out well: it seems that no-one is really expected to be able to track down long-lost distant relatives, particularly if the only person with any knowledge of them is the one who has lost capacity.
     
  7. BeckyJan

    BeckyJan Registered User

    Nov 28, 2005
    18,972
    Derbyshire
    This is just what I was going to say. I have just registered my husbands EPA and they were helpful on the phone. I did write to confirm my requests - it appeared they do not read!!!!!!:eek:
    - that was to do with asking for copies. In the end I did achieve what I wanted.

    Do phone them. They are very ordinary office workers - nothing to be afraid of.

    Love Jan
     

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