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

http://www.legislation.gov.uk/uksi/2007/1253/regulation/44

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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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

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

reg. 3(i)

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PART 4FUNCTIONS OF THE PUBLIC GUARDIAN

Miscellaneous functions

Visits by the Public Guardian or by Court of Protection Visitors at his direction44

1

This regulation applies where the Public Guardian visits, or directs a Court of Protection Visitor to visit, any person under any provision of the Act or these Regulations.

2

The Public Guardian must notify (or make arrangements to notify) the person to be visited of—

a

the date or dates on which it is proposed that the visit will take place;

b

to the extent that it is practicable to do so, any specific matters likely to be covered in the course of the visit; and

c

any proposal to inform any other person that the visit is to take place.

3

Where the visit is to be carried out by a Court of Protection Visitor—

a

the Public Guardian may—

i

give such directions to the Visitor, and

ii

provide him with such information concerning the person to be visited,

as the Public Guardian considers necessary for the purposes of enabling the visit to take place and the Visitor to prepare any report the Public Guardian may require; and

b

the Visitor must seek to carry out the visit and take all reasonable steps to obtain such other information as he considers necessary for the purpose of preparing a report.

4

A Court of Protection Visitor must submit any report requested by the Public Guardian in accordance with any timetable specified by the Public Guardian.

5

If he considers it appropriate to do so, the Public Guardian may, in relation to any person interviewed in the course of preparing a report—

a

disclose the report to him; and

b

invite him to comment on it.