ENDURING POWER OF ATTORNEY (2)
REGISTRATION OF AN ENDURING POWER OF ATTORNEY
Once a donor has created an Enduring Power of Attorney, the documents are usually retained by the donor's solicitor. In much the same way as a will has no effect until death, the Enduring Power of Attorney has no effect until the individual becomes mentally incapacitated.
If a donor never loses mental capacity, then the Enduring Power of Attorney never comes into effect.
If and when the donor becomes mentally incapacitated, the prospective Attorney must make an application to the Registrar of the Wards of Court to have the Enduring Power of Attorney registered.
Before making the application to register the Enduring Power of Attorney, the Attorney must notify the donor in writing of his or her intention to do so. The Attorney must also have a medical certificate stating that the donor is no longer capable of managing his or her affairs.
Notice must be given to the two notice parties the donor nominated as notice parties when the donor created the Enduring Power of Attorney.
The donor of the Enduring Power of Attorney and the notice parties have five weeks to object to the registration of the Enduring Power of Attorney.
Objections must be lodged with the office of the Wards of Court. Examples of objections would be that the Donor is mentally fit or that the objector suspects fraud or undue influence was exerted on the donor to create the Enduring Power of Attorney.
REVOKING AN ENDURING POWER OF ATTORNEY
While an Enduring Power of Attorney may be revoke before registration by a donor, this can only be done after registration by way of application to the High Court.
TERMINATION OF AN ENDURING POWER OF ATTORNEY
Enduring Powers of Attorney usually cease only on death. However, in the case where the Attorney is the spouse or civil partner of the the donor, the Enduring Power of Attorney ceases where the marriage or civil partnership comes to an end because of divorce, annullment or dissolution for example.