My two sisters and I all hold enduring power of attorney for our brother, who has disabilities which cause him to lack mental capacity to make his own decisions. The EPA was registered in 2006. As his illness has progressed, it's no longer practical for him to receive care in the home and two of us believe that it is in his best interests for him to move into a residential care home. This has financial implications for him as he would have to partly self-fund the care from the sale of his current home. The other sibling disagrees and wants him to remain at home. Can my sister and I over-rule our other sister and fellow EPA attorney to do what we believe is in our brother's best interests?

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Enduring power of attorney: acting as an attorney

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must register the EPA when the donor starts to lose or has lost their mental capacity. This means they cannot make a decision at the time it needs to be made because of a mental impairment.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

You must tell the first 3 eligible family members from the following list. If there’s no family member in a particular category, move on to the next one. You must try to tell the family members in this order:

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

You must tell all the people in a category if you tell one of them, eg if 1 of the 3 relatives you’re telling is a grandchild and the donor has 15 other grandchildren, you must tell all 16 of them.

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

You must do all you can to find the people you’re telling. If you cannot find their address, or if there are not 3 relatives alive, tell the Office of the Public Guardian when you apply to register.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

The EPA will usually be registered between 8 and 10 weeks after you sent the application form and told the family members. It will take longer if one or more of the family members object.

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

If you’re selling the donor’s home and the donor has a health and welfare lasting power of attorney (LPA), you may need to discuss where the donor is going to live with the relevant attorney.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If you had to make decisions jointly with other attorneys and any of you stop, the enduring power ends automatically. You’ll need to find another way to help the donor make decisions.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

There may be other attorneys - if there are, check how the donor wants you to make decisions.

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

If there’s more than one attorney, check whether you must make decisions:

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

You’ll need to find another way to help the donor make decisions.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.


My 10 year old nephew has been living with us for the last two years, since his parents are unable to care for him due to addiction problems. We would like to look after him long-term and have been advised to apply to be a special guardian. However, I have been offered the chance to take a year's sabbatical from my career in order to join an academic program in the US, so we are considering letting our home and moving to Boston for a year. As his special guardian, can I take my nephew with us to live in Boston for a year?

You’ll need to get the consent of everyone who has parental responsibility for the child before you make some important decisions, for example:

Become a special guardian

What is a special guardian

You can apply to be a child’s special guardian when they cannot live with their birth parents and adoption is not right for them.

You’ll be responsible for looking after the child until they’re 18 (unless the court takes your responsibility away earlier).

You’ll make all day to day decisions about the child, for example schooling and medical treatment. You do not have to discuss these decisions with the birth parents.

changing the child’s surname

putting the child up for adoption

taking the child abroad for more than 3 months

the child having surgery for reasons other than improving health, such as circumcision, sterilisation or cosmetic surgery

If you cannot get consent, you can ask the court to decide. Use the form ‘Make an application in existing court proceedings related to children’ (form C2).

Who can apply

You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

you’re already the child’s legal guardian

the child lives with you because of a child arrangements order

the child has lived with you for 3 of the past 5 years

you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year

you have the agreement of anyone named in a child arrangements order as someone who the child will live with

you have the agreement of all the people with parental responsibility for the child

you have the agreement of the local council, if the child is in care

If you do not fit one of these descriptions, you’ll need to ask the court’s permission to apply. You’ll need to send the following forms to your local family court:

‘Make an application in existing court proceedings relating to children’ (form C2)

‘Family mediation and assessment meeting’ (form FM1)

Apply

You can use a family mediator to help make arrangements with the child’s family to avoid having to apply to the court.

It costs £215 to apply to the court. You may be able to get help with court fees if you’re on benefits or a low income.

Before you apply

Three months before you apply to become a special guardian you need to tell your local council in writing that you plan to make an application.

You also need to tell anyone named in existing court proceedings or orders about the child that you plan to make an application.

Applying to the court

Fill in these forms and send them to your local family court:

an ‘Application for an order’ (form C1)

a supporting statement (form C13A)

a ‘Family mediation information and assessment meeting’ form (FM1) to show you’ve been through mediation or why you could not go

Make copies of your completed forms before you send your application to the court. You’ll need to send these copies to each person affected by the application after you apply.

Find your local family court.

If you want to keep your details private

You can apply to keep your and the child’s contact details private throughout the court proceedings.

Fill in ‘Apply to keep your contact details confidential from other parties in family proceedings’ (form C8) and send it with your application.

After you apply

Within 10 days of receiving your application the court will send you a case number and a date for a meeting to set out:

a timetable for your case

how it will be dealt with

This meeting is called a ‘first directions hearing’.

You must go to all hearings you’re told to unless the court excuses you. If you’re not able to go, contact the court office.

Contact people in the child’s life

You must send the date and location of the hearing along with copies of your application to everyone with parental responsibility for the child.

If there is a current care order about the child, you should also send details of the hearing and copies of your application to:

everyone you believe had parental responsibility before the current court-made care order

the court-appointed Cafcass children’s guardian

You must also tell the following people and organisations that you’ve applied:

the children’s services department of your local council or the council local to where the child is staying, if that is different

everyone who cares for the child

the home where the child stays if it is a registered children’s home or a voluntary home and it is a refuge

everyone the child has lived with for at least 3 years before you made the application

anyone else named in a current court order

anyone involved in any other ongoing proceedings that might be affected by your application

The final hearing

The court will decide if a special guardianship order is in the best interests of the child after looking at all the evidence, and in some cases, hearing from witnesses.

If the court agrees, they will send the final order to you and the other people involved in the case, including the birth parents.

Financial help for special guardians

You might be able to get a special guardian allowance from the children’s services department of your local council.

taking the child abroad for more than 3 months

Become a special guardian

What is a special guardian

changing the child’s surname

putting the child up for adoption

Who can apply

You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

you’re already the child’s legal guardian

the child lives with you because of a child arrangements order

the child has lived with you for 3 of the past 5 years

you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year

you have the agreement of anyone named in a child arrangements order as someone who the child will live with

you have the agreement of all the people with parental responsibility for the child

you have the agreement of the local council, if the child is in care

‘Make an application in existing court proceedings relating to children’ (form C2)

‘Family mediation and assessment meeting’ (form FM1)

Apply

Before you apply

Applying to the court

Fill in these forms and send them to your local family court:

an ‘Application for an order’ (form C1)

a supporting statement (form C13A)

Find your local family court.

If you want to keep your details private

You can apply to keep your and the child’s contact details private throughout the court proceedings.

After you apply

a timetable for your case

how it will be dealt with

This meeting is called a ‘first directions hearing’.

Contact people in the child’s life

everyone you believe had parental responsibility before the current court-made care order

the court-appointed Cafcass children’s guardian

You must also tell the following people and organisations that you’ve applied:

everyone who cares for the child

the home where the child stays if it is a registered children’s home or a voluntary home and it is a refuge

everyone the child has lived with for at least 3 years before you made the application

anyone else named in a current court order

anyone involved in any other ongoing proceedings that might be affected by your application

The final hearing

Financial help for special guardians

You might be able to get a special guardian allowance from the children’s services department of your local council.

Become a special guardian

What is a special guardian

changing the child’s surname

putting the child up for adoption

taking the child abroad for more than 3 months

Who can apply

You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

you’re already the child’s legal guardian

the child lives with you because of a child arrangements order

the child has lived with you for 3 of the past 5 years

you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year

you have the agreement of anyone named in a child arrangements order as someone who the child will live with

you have the agreement of all the people with parental responsibility for the child

you have the agreement of the local council, if the child is in care

‘Make an application in existing court proceedings relating to children’ (form C2)

‘Family mediation and assessment meeting’ (form FM1)

Apply

Before you apply

Applying to the court

Fill in these forms and send them to your local family court:

an ‘Application for an order’ (form C1)

a supporting statement (form C13A)

Find your local family court.

If you want to keep your details private

You can apply to keep your and the child’s contact details private throughout the court proceedings.

After you apply

a timetable for your case

how it will be dealt with

This meeting is called a ‘first directions hearing’.

Contact people in the child’s life

everyone you believe had parental responsibility before the current court-made care order

the court-appointed Cafcass children’s guardian

You must also tell the following people and organisations that you’ve applied:

everyone who cares for the child

the home where the child stays if it is a registered children’s home or a voluntary home and it is a refuge

everyone the child has lived with for at least 3 years before you made the application

anyone else named in a current court order

anyone involved in any other ongoing proceedings that might be affected by your application

The final hearing

Financial help for special guardians

You might be able to get a special guardian allowance from the children’s services department of your local council.