The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (S.I. 2007/1253) (“the 2007 Regulations”) to make provision for the additional functions conferred on the Public Guardian by section 58(2A) of the Mental Capacity Act 2005 (c. 9) (the “2005 Act”), as inserted by section 17(2) of the Guardianship (Missing Persons) Act 2017 (c. 27) (“the 2017 Act”).

Regulation 4 amends regulation 2 of the 2007 Regulations to insert definitions from the 2017 Act relevant to the Public Guardian’s function of supervising guardians.

Regulations 5 to 13 of these Regulations amend Part 4 of the 2007 Regulations as follows—

• Regulation 5 extends the Public Guardian’s obligations to establish and maintain registers to guardianship orders.

• Regulation 6 makes provision for the discharge of security in circumstances where a declaration of presumed death under the Presumption of Death Act 2013 (c. 13) is made in respect of the person on whose behalf a person was appointed to act.

• Regulations 6 to 14 extend to guardians the existing provisions which relate to the Public Guardian’s function of supervising deputies.