Enduring Power of Attorney Confusion

gingerbread said:

Yes meet with Solicitor when Donor has lost capacity. One of the first steps is serving the Notice of Intention on the Donor, Notice Party's and Wards of Court Office. Then you wait 5 weeks before you can service the Application for Registration (aka Form 1). The Form 1 must be served by personal service on the Donor. As far as I know,in terms of the 5 weeks, they look at the time between served dates. I think it's to give time if someone wishes to object? But I'm not 100% on that one.

In terms of the Medical Cert, after you send the Notice of Intention, the Wards of court office will post out a checklist of docs and Practice Directions for the Medical report. You would be better off waiting for that as they can be strict about what's in the report - if it doesn't meet the requirements they'll sent it back and request a new one be done. Don't get caught out like I did - got the medical report done before we got the Practice Direction and it wasn't detailed enough so we had to get a new one!

Click to expand...

PCTool said:

This is a bit different from what I thought. You seem to be saying that the Notice of Intention is signed and sent to the Wards of Court and then they request the Medical report?

Click to expand...

gingerbread said:

They don't request a medical report, they send you/your solicitor the Practice Direction. As far as I know, you can get the medical report done anytime, as long as the Donor has lost capacity. As I said in my previous post, I would reccomend waiting for the Practice Direction as it gives clear guidelines as to what is required to be in it. I didn't do this and the report was returned as its didn't fulfill the the requirements and I had to get a new one done. The Practice Direction is sent once the Wards of court office recieves the Notice of intention.

Click to expand...