The Enduring Powers of Attorney (Prescribed Form) Regulations 1990

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 (including paragraph numbers) or restrictions as the donor may decide.

(2) In completing the form of enduring power of attorney—

(a) there shall be excluded (either by omission or deletion)—

(i) where the donor appoints only one attorney, everything between the square brackets on the first page of Part B; and

(ii) one and only one of any pair of alternatives;

(b) there may also be so excluded—

(i) the words on the second page of Part B “subject to the following restrictions and conditions”, if those words do not apply;

(ii) the attestation details for a second witness in Parts B and C if a second witness is not required; and

(iii) any marginal notes which correspond with any words excluded under the provisions of this paragraph and the two notes numbered 1 and 2 which appear immediately under the heading to Part C.

(3) The form of execution by the donor or by an attorney may be adapted to provide—

(a) for a case where the donor or an attorney signs by means of a mark; and

(b) for the case (dealt with in regulation 3) where the enduring power of attorney is executed at the direction of the donor or of an attorney;

and the form of execution by an attorney may be adapted to provide for execution by a trust corporation.

(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.