Enduring Powers of Attorney (Prescribed Form) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1612 |
| Year | 1987 |
1987 No. 1612
POWERS OF ATTORNEY
The Enduring Powers of Attorney (Prescribed Form) Regulations 1987
Made 1st September 1987
Laid before Parliament 23th September 1987
Coming into force 1st November 1987
The Lord Chancellor, in exercise of the powers conferred on him by section 2(2) of the Enduring Powers of Attorney Act 19851, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) Regulations 1987 and shall come into force on 1st November 1987.
Prescribed Form
2.—(1) Subject to paragraphs (2) and (3) of this regulation and to regulation 4, an enduring power of attorney must be in the form set out in the Schedule to these Regulations and must include all the explanatory information headed “About using this form” in Part A of the Schedule and all the relevant marginal notes to Parts B and C. It may also include such additions or restrictions as the donor may decide.
(2) In completing the form of enduring power of attorney, the donor shall exclude (either by omission or deletion) one and only one of any pair of alternatives. When one of a pair of alternatives is omitted or deleted, the corresponding marginal note may be omitted or deleted.
(3) The form of execution by an attorney of an enduring power of attorney may be adapted to provide for sealing by a trust corporation with its common seal.
(4) Subject to paragraphs (1), (2) and (3) of this regulation and to regulation 4, an enduring power of attorney which seeks to exclude any provision contained in these Regulations is not a valid enduring power of attorney.
Execution
3. An enduring power of attorney in the form set out in the Schedule to these Regulations shall be executed by both the donor and the attorney, although not necessarily at the same time, in the presence of a witness, but not necessarily the same witness, who shall give his full name and address. The donor and an attorney shall not witness the signature of each other nor one attorney the signature of another. Where more than one attorney is appointed and they are to act jointly and severally, then at least one of the attorneys so appointed must execute the instrument for it to take effect as an enduring power of attorney, but only those attorneys who have executed the instrument shall be able to act under the enduring power of attorney in...
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