The Court of Protection (Enduring Powers of Attorney) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules replace the Court of Protection (Enduring Powers of Attorney) Rules 1994 (as amended).

The rules are supplemental to the Court of Protection Rules 2001 (S.I. 2001/824) and regulate the procedure in respect of applications under the Enduring Powers of Attorney Act 1985. The principal change made by these Rules is to provide that such applications are to be made to the Court of Protection (“the court”) whereas the previous rules provided for the division of functions between the court and the Public Trustee.

The rules continue to contain provisions which—

(a) provide that any function under them expressed to be exercisable by the court may be exercised by a judge, the Master of the court or, in certain case, by an officer of the court (rule 4);

(b) prescribe the form of notice to be given by an attorney of his intention to apply to the court to register an enduring power of attorney (rule 6) and the form of such application (rule 8);

(c) specify the information to be set out in an objection to the registration of an enduring power of attorney (rule 9);

(d) provide for searches to be made of the register of enduring powers of attorney (rule 13);

(e) provide for reviews of, and appeals from, decisions of the court (rules 23 and 24);

(f) provide for the cancellation by the court of the registration of an enduring power of attorney in certain circumstances (rule 25); and

(g) specify the fees payable in connection with an application for the registration of an enduring power of attorney and an application for a search of the register and which remain unchanged at £75 and £25 respectively (Schedule 2).