http://www.legislation.gov.uk/id/uksi/2007/1253

http://www.legislation.gov.uk/uksi/2007/1253/regulation/2

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

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MENTAL CAPACITY, ENGLAND AND WALES

Statute Law Database

2022-02-08

Expert Participation

2020-12-31

These Regulations supplement the requirements set out in Schedule 1 to the Mental Capacity Act 2005 (c. 9) (“the Act”) which apply to the making and registration of lasting powers of attorney and the requirements set out in Schedule 4 to the Act which apply to the registration of enduring powers of attorney. The Regulations also confer functions on the Public Guardian and make other provision in connection with functions conferred on him by the Act or by these Regulations.

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

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reg. 3(h)

reg. 1(2)

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

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

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PART 1PRELIMINARY

Interpretation2

1

In these Regulations—

F4“the 2017 Act” means the Guardianship (Missing Persons) Act 2017;
“the Act” means the Mental Capacity Act 2005;
“court” means the Court of Protection F5or in relation to proceedings under the 2017 Act the court for the time being designated by the Lord Chancellor under section 23 of the 2017 Act;
F6“guardian” has the meaning given in the 2017 Act;
“guardianship order” has the meaning given in the 2017 Act;
“LPA certificate”, in relation to an instrument made with a view to creating a lasting power of attorney, means the certificate which is required to be included in the instrument by virtue of paragraph 2(1)(e) of Schedule 1 to the Act;
“F1person to notify”, in relation to an instrument made with a view to creating a lasting power of attorney, means a person whoF2, under Schedule 1, paragraph 2(1)(c)(i) of the Act, is named in the instrument as being a person to be notified of any application for the registration of the instrument;
“prescribed information”, in relation to any instrument intended to create a lasting power of attorney, means the information contained in the form used for the instrument which appears under the heading F3“Section 8 – Your legal rights and responsibilities”.