The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Minimal differences from forms prescribed in these Regulations

   4. 4. Computation of time

3. PART 2 LASTING POWERS OF ATTORNEY

   1. Instruments intended to create a lasting power of attorney

      1. 5. Forms for lasting powers of attorney

      2. 6. Maximum number of people to notify

      3. 7. Requirement for two LPA certificates where instrument has no named persons

      4. 8. Persons who may provide an LPA certificate

      5. 9. Execution of instrument

   2. Registering the instrument

      1. 10. Notice to be given by a person about to apply for registration of lasting power of attorney

      2. 11. Application for registration

      3. 12. Period to elapse before registration in cases not involving objection or defect

      4. 13. Notice of receipt of application for registration

      5. 14. Objection to registration: notice to Public Guardian to be given by the donee of the power or a person to notify

      6. 14A. Objection to registration: notice to Public Guardian to be given by the donor

      7. 15. Objection to registration: application to the court

      8. 16. Notifying applicants of non-registration of lasting power of attorney

      9. 17. Notice to be given on registration of lasting power of attorney

   3. Post-registration

      1. 18. Changes to instrument registered as lasting power of attorney

      2. 19. Loss or destruction of instrument registered as lasting power of attorney

      3. 20. Disclaimer of appointment by a donee of lasting power of attorney

      4. 21. Revocation by donor of lasting power of attorney

      5. 22. Revocation of a lasting power of attorney on death of donor

4. PART 3 ENDURING POWERS OF ATTORNEY

   1. 23. Notice of intention to apply for registration of enduring power of attorney

   2. 24. Application for registration

   3. 25. Notice of objection to registration

   4. 26. Notifying applicants of non-registration of enduring power of attorney

   5. 27. Registration of instrument creating an enduring power of attorney

   6. 28. Objection or revocation not applying to all joint and several attorneys

   7. 29. Loss or destruction of instrument registered as enduring power of attorney

5. PART 4 FUNCTIONS OF THE PUBLIC GUARDIAN

   1. The registers

      1. 30. Establishing and maintaining the registers

      2. 31. Disclosure of information on a register: search by the Public Guardian

      3. 32. Disclosure of additional information held by the Public Guardian

   2. Security for discharge of functions

      1. 33. Persons required to give security for the discharge of their functions

      2. 34. Security given under regulation 33(2)(a): requirement for endorsement

      3. 35. Security given under regulation 33(2)(a): maintenance or replacement

      4. 36. Enforcement following court order of any endorsed security

      5. 37. Discharge of any endorsed security

   3. Deputies and Guardians

      1. 38. Application for additional time to submit a report

      2. 39. Content of reports

      3. 40. Power to require final report on termination of deputy appointment or on expiry, variation or revocation of guardianship order

      4. 41. Power to require information from deputies or guardians

      5. 42. Right of deputy or guardian to require review of decisions made by the Public Guardian

   4. Miscellaneous functions

      1. 43. Applications to the Court of Protection

      2. 44. Visits by the Public Guardian or by Court of Protection Visitors at his direction

      3. 45. Functions in relation to persons carrying out specific transactions

      4. 46. Power to require information from donees of lasting power of attorney

      5. 47. Power to require information from attorneys under enduring power of attorney

      6. 48. Other functions in relation to enduring powers of attorney

6. Signature

7. 1. SCHEDULE 1

      Form of Lasting Power of Attorney

      1. PART 1 Form of Lasting Power of Attorney for Property and Financial Affairs (Form LP1F)

      2. PART 2 Form of Lasting Power of Attorney for Health and Welfare (Form LP1H)

   2. SCHEDULE 2

      Form of Notice of Intention to Register Lasting Power of Attorney (Form LPA3)

   3. SCHEDULE 3

      Form to Register Certain Lasting Powers of Attorney (Form LP2)

   4. SCHEDULE 3A

   5. SCHEDULE 4

      Form of Notices of Application to Register a Lasting Power of Attorney

      1. PART 1 Form of Notice to Attorney: Application to Register a Lasting Power of Attorney (Form LPA003A)

      2. PART 2 Form of Notice to Donor: Application to Register a Lasting Power of Attorney

   6. SCHEDULE 5

      Notice of Registration of a Lasting Power of Attorney: LPA 004

   7. SCHEDULE 6

      Form of Disclaimer by a Proposed or Acting Attorney under a Lasting Power of Attorney (Form LPA005)

   8. SCHEDULE 7

      Notice of Intention to Apply for Registration of an Enduring Power of Attorney

   9. SCHEDULE 8

      Application to Register an Enduring Power of Attorney

8. Explanatory Note