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

Power to require final report on termination of appointment

40.—(1) This regulation applies where—

(a) the person on whose behalf a deputy was appointed to act has died;

(b) the deputy has died;

(c) the court has made an order discharging the deputy; or

(d) the deputy otherwise ceases to be under a duty to discharge the functions to which his appointment relates.

(2) The Public Guardian may require the deputy (or, in the case of the deputy’s death, his personal representatives) to submit a final report on the discharge of his functions.

(3) A final report must be submitted—

(a) before the end of such reasonable period as may be specified; and

(b) at such place as may be specified.

(4) The Public Guardian must consider the final report, together with any other information that he may have relating to the discharge by the deputy of his functions.

(5) Where the Public Guardian is dissatisfied with any aspect of the final report he may apply to the court for an appropriate remedy (including enforcement of security given by the deputy).

(6) “Specified” means specified in a notice in writing given to the deputy or his personal representatives by the Public Guardian.