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

Post-registration

Changes to instrument registered as lasting power of attorney

18.—(1) This regulation applies in any case where any of paragraphs 21 to 24 of Schedule 1 to the Act requires the Public Guardian to attach a note to an instrument registered as a lasting power of attorney.

(2) The Public Guardian must give a notice to the donor and the donee (or, if more than one, each of them) requiring him to deliver to the Public Guardian—

(a) the original of instrument which was sent to the Public Guardian for registration;

(b) any office copy of that registered instrument; and

(c) any certified copy of that registered instrument.

(3) On receipt of the document, the Public Guardian must—

(a) attach the required note; and

(b) return the document to the person from whom it was obtained.

Loss or destruction of instrument registered as lasting power of attorney

19.—(1) This regulation applies where—

(a) a person is required by or under the Act to deliver up to the Public Guardian any of the following documents—

(i) an instrument registered as a lasting power of attorney;

(ii) an office copy of that registered instrument;

(iii) a certified copy of that registered instrument; and

(b) the document has been lost or destroyed.

(2) The person required to deliver up the document must provide to the Public Guardian in writing—

(a) if known, the date of the loss or destruction and the circumstances in which it occurred;

(b) otherwise, a statement of when he last had the document in his possession.

Disclaimer of appointment by a donee of lasting power of attorney

20.—(1) Schedule 6 to these Regulations sets out the form (“LPA 005”) which a donee of an instrument registered as a lasting power of attorney must use to disclaim his appointment as donee.

(2) The donee must send—

(a) the completed form to the donor; and

(b) a copy of it to—

(i) the Public Guardian; and

(ii) any other donee who, for the time being, is appointed under the power.

Revocation by donor of lasting power of attorney

21.—(1) A donor who revokes a lasting power to attorney must—

(a) notify the Public Guardian that he has done so; and

(b) notify the donee (or, if more than one, each of them) of the revocation.

(2) Where the Public Guardian receives a notice under paragraph (1)(a), he must cancel the registration of the instrument creating the power if he is satisfied that the donor has taken such steps as are necessary in law to revoke it.

(3) The Public Guardian may require the donor to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the steps necessary for revocation have been taken.

(4) Where the Public Guardian cancels the registration of the instrument he must notify—

(a) the donor; and

(b) the donee or, if more than one, each of them.

Revocation of a lasting power of attorney on death of donor

22.—(1) The Public Guardian must cancel the registration of an instrument as a lasting power of attorney if he is satisfied that the power has been revoked as a result of the donor’s death.

(2) Where the Public Guardian cancels the registration of an instrument he must notify the donee or, if more than one, each of them.