PART 2LASTING POWERS OF ATTORNEY
Instruments intended to create a lasting power of attorney
Execution of instrument9
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 F1Sections 1 to 7 of the instrument that apply to him (or direct another person to do so); and
F2b
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, F3...
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
must complete the LPA certificate at F5Section 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 F6Section 11 of the instrument that apply to him (or direct another person to do so); and
b
subject to paragraph (7), must sign F6Section 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.