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

http://www.legislation.gov.uk/uksi/2007/1253/regulation/21/made

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

Fault reporting

King's Printer of Acts of Parliament

2014-11-04

MENTAL CAPACITY, ENGLAND AND WALES

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

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

List of Contents

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

reg. 3(a)

reg. 1(2)

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

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

List of Contents

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

reg. 3(b)

reg. 1(2)

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

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

List of Contents

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

reg. 3(c)

reg. 1(2)

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

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

List of Contents

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

reg. 3(d)

reg. 1(2)

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

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

List of Contents

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

reg. 3(e)

reg. 1(2)

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

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

List of Contents

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

reg. 3(f)

reg. 1(2)

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

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

List of Contents

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

reg. 3(g)

reg. 1(2)

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

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

List of Contents

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

reg. 3(h)

reg. 1(2)

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

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

List of Contents

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

reg. 3(i)

reg. 1(2)

PART 2LASTING POWERS OF ATTORNEY

Post-registration

Revocation by donor of lasting power of attorney21

1

A donor who revokes a lasting power to attorney must—

a

notify the Public Guardian that he has done so; and

b

notify the donee (or, if more than one, each of them) of the revocation.

2

Where the Public Guardian receives a notice under paragraph (1)(a), he must cancel the registration of the instrument creating the power if he is satisfied that the donor has taken such steps as are necessary in law to revoke it.

3

The Public Guardian may require the donor to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the steps necessary for revocation have been taken.

4

Where the Public Guardian cancels the registration of the instrument he must notify—

a

the donor; and

b

the donee or, if more than one, each of them.