Objecting to the registration of an EPA

Taking on the role of a loved one’s attorney, under an enduring power of attorney (EPA) is a decision that should not be taken lightly, especially as your future duties might cause family tension.

For example, once you believe that the person who granted you this power (the ‘grantor’) is, or is becoming, mentally incapable of managing their own affairs, you will need to register the EPA and then inform both the grantor and any close relatives. They then have a limited time to object to the registration if they feel that:

• You used fraud or undue pressure to get yourself appointed
• The grantor isn’t yet mentally incapable of managing their own affairs
• The grantor didn’t have the mental capacity to make a valid EPA at the outset
• You are unsuitable to act as attorney

If you need advice on your duties as an attorney, or on the registration of an EPA, or if you have doubts about the good faith of an attorney, please contact:
Mark Keenan
Tel +44 (0)20 7440 7129
mark.keenan@mishcon.com