The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009

Made

14th July 2009

Laid before Parliament

15th July 2009

Coming into force

1st October 2009

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 58(3), 64(1) and 65(1)(b) of, and Schedule 1 to, the Mental Capacity Act 2005(1):

Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 and shall come into force on 1 October 2009.

(2) In these Regulations, a reference to "the Schedule" is a reference to Schedule 1 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007(2).

Amendment of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

2. The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 shall be amended as follows.

3. In regulation 18(2)(a) (changes to instrument registered as lasting power of attorney) omit "of".

4. In regulation 32(6) (disclosure of additional information held by the Public Guardian), in the opening words, after "information" insert "relating".

5. For Schedule 1 (form for instrument intended to create a lasting power of attorney) substitute the Schedule to these Regulations.

Transitional provisions

6. An instrument executed by the donor before 1 April 2011 in one of the forms prescribed in the Schedule as though it had not been substituted by these Regulations shall be capable, whether or not it has been registered by the Public Guardian, of being a valid lasting power of attorney.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

14th July 2009

Regulation 5

SCHEDULE Form for Instrument Intended to Create a Lasting Power of Attorney

Part 1: Form for Instrument Intended to Create a Property and Financial Affairs Lasting Power of Attorney

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Part 2: Form for Instrument Intended to Create a Health and Welfare Lasting Power of Attorney

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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 ("the 2007 Regulations") so as to substitute new prescribed forms for instruments intended to create a property and financial affairs Lasting Power of Attorney or a health and welfare Lasting Power of Attorney. The relevant prescribed form must be used in order to make either a health and welfare or a property and financial affairs Lasting Power of Attorney. However regulation 6 permits the continued use of the forms which are replaced by the new prescribed forms provided execution of the form occurs before 1 April 2011.

Regulation 3 of these Regulations corrects a minor and non-substantive error in regulation 18(2)(a) of the 2007 Regulations by removing the word -�of´. Regulation 4 of these Regulations corrects an error in regulation 32(6) of the 2007 Regulations by inserting the word -�relating´. This word was omitted in error in the 2007 Regulations. The purpose of regulation 32 is to disclose information about P rather than to disclose information to P, as regulation 32(3) of the 2007 Regulations makes clear. The amendment to regulation 32(6) of the 2007 Regulations reflects this.

(1)

2005 c.9. Back [1]

(2)

S.I. 2007/1253 to which there are amendments not relevant to these Regulations. Back [2]