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

http://www.legislation.gov.uk/uksi/2007/1253/regulation/9

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

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

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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

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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

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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

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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

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.