The Court of Protection (Enduring Powers of Attorney) Rules 1994

PART IV HEARINGS

Notice of hearing

15.—(1) Except where these Rules otherwise provide or the court otherwise directs, the following minimum periods of notice of a hearing shall be given by the applicant—

(a) ten clear days in the case of—

(i) an application to dispense with notice to the donor;

(ii) an application to dispose of the donor’s property prior to registration; and

(iii) an objection to registration of an enduring power of attorney; and

(b) seven clear days in the case of any other application.

(2) Unless the court otherwise directs, notice of a hearing shall be given to the attorney, the donor, every relative, any co-attorney and to such other persons who appear to the court to be interested as the court may specify.

(3) The court may extend or abridge the time limited by these Rules or any order or direction for doing any act upon such terms as the court thinks fit and notwithstanding in the case of an extension that the time so limited has expired.

(4) For the purposes of this rule, notice of a hearing is given if the applicant sends a copy of the application, endorsed by the Public Trust office with the hearing date, to the person concerned.

Mode of giving documents

16.—(1) Any document required by these Rules to be given to the donor shall be given to him personally.

(2) Except where these Rules otherwise provide, any document required by these Rules to be given to any other person shall be given by sending it to him by first class post.

Giving documents to a solicitor

17.  Where a solicitor for the person to be given any document, other than the donor, endorses on that document or on a copy of it, a statement that he accepts the document on behalf of that person, the document shall be deemed to have been duly given to that person and to have been received on the date that the endorsement was made.

Alternative method of giving documents

18.  Where it appears to the court that it is impracticable for any document to be given to a person in accordance with rule 16(2), the court may give such directions for the purpose of bringing the document to the notice of the person to whom it is addressed as it thinks fit.

Use of evidence in subsequent proceedings

19.  Except where the court otherwise directs, evidence which has been used in any proceedings relating to a donor may be used at any subsequent stage of those proceedings or in any other proceedings before the court.

Copies of documents in court

20.—(1) Any person who has filed an affidavit or other document shall, unless the court otherwise directs, be entitled on request to be supplied with a copy of it.

(2) An attorney or his solicitor may have a search made for and may inspect and request a copy of any document filed in proceedings relating to the enduring power of attorney under which the attorney has been appointed.

(3) Subject to paragraphs (1) and (2), no documents filed in the court or the Public Trust office shall be open to inspection without the leave of the court and no copy of any such document or an extract of it shall be taken by or issued to any person without such leave.

Summoning of witnesses

21.  Any witness summons required to be issued in any proceedings under these Rules shall be in Form EP6.

Leave to bring an application

22.  Any person other than a person who has been served with a notice of intention to register an enduring power of attorney shall apply to the court or the Public Trustee for leave to make an application for relief specified in the Act.

Notification of decision

23.  All persons to whom notice is to be given under rule 11(4) shall be notified by the applicant of the court’s decision and shall also be sent by the applicant a copy of any order made or direction given.