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

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This is the original version (as it was originally made).

Power to require information from donees of lasting power of attorney

This section has no associated Explanatory Memorandum

46.—(1) This regulation applies where it appears to the Public Guardian that there are circumstances suggesting that the donee of a lasting power of attorney may—

(a)have behaved, or may be behaving, in a way that contravenes his authority or is not in the best interests of the donor of the power,

(b)be proposing to behave in a way that would contravene that authority or would not be in the donor’s best interests, or

(c)have failed to comply with the requirements of an order made, or directions given, by the court.

(2) The Public Guardian may require the donee—

(a)to provide specified information or information of a specified description; or

(b)to produce specified documents or documents of a specified description.

(3) The information or documents must be provided or produced—

(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 may require—

(a)any information provided to be verified in such manner, or

(b)any document produced to be authenticated in such manner,

as he may reasonably require.

(5) “Specified” means specified in a notice in writing given to the donee by the Public Guardian.

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