An obligatory EPA creation fee of say £120 paid on creation of the Power, which until stamped with a first registration receipt would not be effective. On payment of the creation fee the Registering Authority would check the EPA and advise the donor of any defects.
The EPA form will have additional spaces for the insertion of details of the donor's GP and confirmation that the donor agrees to the EPA being sent on creation to the GP and exonerating the GP if he or she wishes to raise a query in relation thereto or declines to do so.
On creation of the Power in addition to the donor nominating the Attorney the donor would also nominate the Supervisor of the Attorney who by definition would have to be a professional person (ie a solicitor or chartered accountant) totally independent of the Attorney (see (6) and (7) below).
For a search fee of say £10.00 the Registering Authority would confirm whether first registration of an EPA was maintained on the database.
On second registration on incapacity there would arise:
A legal requirement for the Attorney under an EPA to keep annual Accounts (ie a simple cash statement of payments and receipts).
Such annual Accounts would have to be produced to the Supervisor of the Attorney. The Supervisor would receive an annual fee for reviewing the Accounts and reporting the fact of non production of such annual Accounts (see (8) below).
On second registration the Attorney would be required to complete a Statement of assets and liabilities akin to the Court of Protection Certificate of Family and Property and to produce a Medical Certificate. The assets and liabilities Statement would form a starting point for the Supervisor to deal with the annual Accounts.
In the event that the annual Accounts were not produced on the due date the Supervisor would be under an obligation to report this fact immediately to the Registering Authority who would in turn give the Attorney say 28 days to produce the Accounts. Failing this the EPA would be withdrawn and/or the Court of Protection be advised.