The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (the 2007 Regulations) as follows—

• regulation 4(a) of these Regulations amends regulation 2 of the 2007 Regulations to change the defined term “named person” to “person to notify”, to modernise the language used and to be consistent with the forms introduced by these Regulations. These Regulations also make amendments consequential on the change to “person to notify”;

• regulation 4(b) of these Regulations amends regulation 2 of the 2007 Regulations to change the definition of “prescribed information”, to be consistent with the new forms;

• regulation 6 of these Regulations omits regulation 7 of the 2007 Regulations (requirement for 2 LPA certificates in certain circumstances);

• regulation 7 of these Regulations amends regulation 9 of the 2007 Regulations, to reflect the redesign of forms for lasting powers of attorney, and the omission of regulation 7 of the 2007 Regulations;

• regulation 8 of these Regulations amends regulation 10 of the 2007 Regulations to reflect the number of the new form of notice of intention to register a lasting power of attorney;

• regulation 9 of these Regulations substitutes regulation 11 of the 2007 Regulations, so that the regulation accommodates registration of both existing and new style lasting powers of attorney introduced by these Regulations and also repeat applications for registration of both existing and new style lasting powers of attorney;

• regulations 11 to 13, 15 and 16 of these Regulations introduce new forms for and in relation to lasting powers of attorney;

• regulation 14 of these Regulations omits Schedule 3A of the 2007 Regulations (repeat application to register a lasting power of attorney).

Regulations 17 to 19 of these Regulations contain transitional provisions in relation to applications to register, and repeat applications to register lasting powers of attorney.