Registering an Enduring Power of Attorney (EPA)
Those alert enough to prepare for events leading to their own mental incapacity will often have granted an EPA: a power of attorney that continues, in spite of the donor’s mental incapacity. If the donor does lose capacity, any attorneys will need to register the EPA with the Manx court.
When to Register an EPA
If the donor (the person who has granted an EPA) loses, or is losing, mental capacity, the nominated attorney is under a duty to register the EPA with the Isle of Man Court. Registration of the EPA should be made as soon as is practicable upon the attorney’s discovery of the donor’s incapacity.
Depending upon the terms of the power, an EPA must be registered in order for the attorney to continue acting on the donor’s behalf, or to activate the power to manage the donor’s affairs, beyond taking steps to preserve the donor’s assets.
Procedure for Registration
There is a formal procedure, which includes:
obtaining a letter from a medical practitioner that the donor is, or is becoming, mentally incapable;
completion of a standard form application; and
notification of relevant individuals (including the donor) in accordance with the provisions outlined in Schedule 1 of the Powers of Attorney Act 1987.
Once the relevant notices have been provided, the attorney should lodge the application to register (together will all supplemental documentation) at the Isle of Man Court. This should be done no later than 3 days after the latest date on which notice was given.
If there are no objections, and the court is satisfied with the document, the EPA will be registered 5 weeks from the latest date on which notice was given. Once registered, the attorney will then have the authority to continue or commence the management of the donor’s financial affairs and property.
How we can help
Advocate John Rimmer can help with:
Advice on using EPAs
Preparation of EPAs
Preparation of the application for registration of EPAs
Please contact:
John Rimmer
Hollie Ranscombe
Ilsa Reeves
ir@advocatejr.com
Tel: +44 (0)1624 621466
Address: Fort Anne, South Quay, Douglas, Isle of Man, IM1 5DP