The Enduring Powers of Attorney (Prescribed Form) Regulations 1990

Execution

3.—(1) 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 sign the form and give his full name and address.

(2) The donor and an attorney shall not witness the signature of each other nor one attorney the signature of another.

(3) Where an enduring power of attorney is executed at the direction of the donor—

(a) it must be signed in the presence of two witnesses who shall each sign the form and give their full names and addresses; and

(b) a statement that the enduring power of attorney has been executed at the direction of the donor must be inserted in Part B;

(c) it must not be signed by either an attorney or any of the witnesses to the signature of either the donor or an attorney.

(4) Where an enduring power of attorney is executed at the direction of an attorney—

(a) paragraph (3)(a) above applies; and

(b) a statement that the enduring power of attorney has been executed at the direction of the attorney must be inserted in Part C;

(c) it must not be signed by either the donor, an attorney or any of the witnesses to the signature of either the donor or an attorney.