- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, Cross Heading: Instruments intended to create a lasting power of attorney.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5. The forms set out in Parts 1 and 2 of Schedule 1 to these Regulations are the forms which, in the circumstances to which they apply, are to be used for instruments intended to create a lasting power of attorney.
6. The maximum number of [F2people to notify] that the donor of a lasting power of attorney may specify in the instrument intended to create the power is 5.
Textual Amendments
F1Words in reg. 6 heading substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 5
F2Words in reg. 6 substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 5
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 7 omitted (1.7.2015) by virtue of The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 6
8.—(1) Subject to paragraph (3), the following persons may give an LPA certificate—
(a)a person chosen by the donor as being someone who has known him personally for the period of at least two years which ends immediately before the date on which that person signs the LPA certificate;
(b)a person chosen by the donor who, on account of his professional skills and expertise, reasonably considers that he is competent to make the judgments necessary to certify the matters set out in paragraph (2)(1)(e) of Schedule 1 to the Act.
(2) The following are examples of persons within paragraph (1)(b)—
(a)a registered health care professional;
(b)a barrister, solicitor or advocate called or admitted in any part of the United Kingdom;
(c)a registered social worker; or
(d)an independent mental capacity advocate.
(3) A person is disqualified from giving an LPA certificate in respect of any instrument intended to create a lasting power of attorney if that person is—
(a)a family member of the donor;
(b)a donee of that power;
(c)a donee of—
(i)any other lasting power of attorney, or
(ii)an enduring power of attorney,
which has been executed by the donor (whether or not it has been revoked);
(d)a family member of a donee within sub-paragraph (b);
(e)a director or employee of a trust corporation acting as a donee within sub-paragraph (b);
(f)a business partner or employee of—
(i)the donor, or
(ii)a donee within sub-paragraph (b);
(g)an owner, director, manager or employee of any care home in which the donor is living when the instrument is executed; or
(h)a family member of a person within sub-paragraph (g).
(4) In this regulation—
[F4“care home” means—
a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and
a place in Wales at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over;]
“registered health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 M1; and
“registered social worker” means a person registered as a social worker in a register maintained by—
Textual Amendments
F4Words in reg. 8(4) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 18(2)
F5Words in reg. 8(4) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 18; S.I. 2019/1436, reg. 2(b)
F6Words in reg. 8(4) substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 15(2)
Marginal Citations
9.—(1) An instrument intended to create a lasting power of attorney must be executed in accordance with this regulation.
(2) The donor must read (or have read to him) all the prescribed information.
(3) As soon as reasonably practicable after the steps required by paragraph (2) have been taken, the donor must—
(a)complete the provisions of [F7Sections 1 to 7] of the instrument that apply to him (or direct another person to do so); and
[F8(b)subject to paragraph (7), in the presence of a witness—
(i)sign Section 9 of the instrument if the instrument is intended to create a lasting power of attorney for property and financial affairs (Form LP1F); or
(ii)sign Sections 5 and 9 of the instrument if the instrument is intended to create a lasting power of attorney for health and welfare (Form LP1H);]
(4) As soon as reasonably practicable after the steps required by paragraph (3) have been taken—
(a)the person giving an LPA certificate, F9...
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
must complete the LPA certificate at [F11Section 10] of the instrument and sign it.
(5) As soon as reasonably practicable after the steps required by paragraph (4) have been taken—
(a)the donee, or
(b)if more than one, each of the donees,
must read (or have read to him) all the prescribed information.
(6) As soon as reasonably practicable after the steps required by paragraph (5) have been taken, the donee or, if more than one, each of them—
(a)must complete the provisions of [F12Section 11] of the instrument that apply to him (or direct another person to do so); and
(b)subject to paragraph (7), must sign [F12Section 11] of the instrument in the presence of a witness.
(7) If the instrument is to be signed by any person at the direction of the donor, or at the direction of any donee, the signature must be done in the presence of two witnesses.
(8) For the purposes of this regulation—
(a)the donor may not witness any signature required for the power;
(b)a donee may not witness any signature required for the power apart from that of another donee.
(9) A person witnessing a signature must—
(a)sign the instrument; and
(b)give his full name and address.
(10) Any reference in this regulation to a person signing an instrument (however expressed) includes his signing it by means of a mark made on the instrument at the appropriate place.
Textual Amendments
F7Words in reg. 9(3)(a) substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(a)
F8Reg. 9(3)(b) substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(b)
F9Word in reg. 9(4)(a) omitted (1.7.2015) by virtue of The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(c)
F10Reg. 9(4)(b) omitted (1.7.2015) by virtue of The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(d)
F11Words in reg. 9(4) substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(e)
F12Words in reg. 9(6) substituted (1.7.2015) by The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015 (S.I. 2015/899), regs. 1(2), 7(f)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: