The Enduring Powers of Attorney (Prescribed Form) Regulations 1987

Statutory Instruments

1987 No. 1612

POWERS OF ATTORNEY

The Enduring Powers of Attorney (Prescribed Form) Regulations 1987

Made

1st September 1987

Laid before Parliament

23rd September 1987

Coming into force

1st November 1987

The Lord Chancellor, in exercise of the powers conferred on him by section 2(2) of the Enduring Powers of Attorney Act 1985(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) Regulations 1987 and shall come into force on 1st November 1987.

Prescribed Form

2.—(1) Subject to paragraphs (2) and (3) of this regulation and to regulation 4, an enduring power of attorney must be in the form set out in the Schedule to these Regulations and must include all the explanatory information headed “About using this form” in Part A of the Schedule and all the relevant marginal notes to Parts B and C. It may also include such additions or restrictions as the donor may decide.

(2) In completing the form of enduring power of attorney, the donor shall exclude (either by omission or deletion) one and only one of any pair of alternatives. When one of a pair of alternatives is omitted or deleted, the corresponding marginal note may be omitted or deleted.

(3) The form of execution by an attorney of an enduring power of attorney may be adapted to provide for sealing by a trust corporation with its common seal.

(4) Subject to paragraphs (1), (2) and (3) of this regulation and to regulation 4, an enduring power of attorney which seeks to exclude any provision contained in these Regulations is not a valid enduring power of attorney.

Execution

3.  An enduring power of attorney in the form set out in the Schedule to these Regulations shall be executed by both the donor and the attorney, although not necessarily at the same time, in the presence of a witness, but not necessarily the same witness, who shall give his full name and address. The donor and an attorney shall not witness the signature of each other nor one attorney the signature of another. Where more than one attorney is appointed and they are to act jointly and severally, then at least one of the attorneys so appointed must execute the instrument for it to take effect as an enduring power of attorney, but only those attorneys who have executed the instrument shall be able to act under the enduring power of attorney in the event of the donor’s mental incapacity or of the registration of the power, whichever first occurs.

Revocation

4.  The Enduring Powers of Attorney (Prescribed Form) Regulations 1986(2) are hereby revoked, except that a power executed in the form prescribed by those Regulations and executed before 1st July 1988 shall be capable of being a valid enduring power of attorney.

Havers, C.

Dated 1st September 1987

Regulations 2 and 3

SCHEDULE

Form: Enduring Power of Attorney

Form: Enduring Power of Attorney Part B

Form: Enduring Power of Attorney Part B continued

Form: Enduring Power of Attorney Part C

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe a revised form of an enduring power of attorney, the explanatory information endorsed on it and the manner in which it is to be executed.

(1)

1985 c. 29.

(2)

S.I. 1986/126.