Enduring Powers of Attorney (Prescribed Form) Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/126 |
1986 No. 126
POWERS OF ATTORNEY
The Enduring Powers of Attorney (Prescribed Form) Regulations 198616thJanuary 1986
3rdFebruary 1986
10thMarch 1986
The Lord Chancellor, in exercise of the powers conferred on him by section 2(2) of the Enduring Powers of Attorney Act 1985(a), hereby makes the following Regulations:—
Citation and Operation
1. These Regulations may be cited as the Enduring Powers of Attorney (Prescribed Form) Regulations 1986 and shall come into operation on 10th March 1986.
Interpretation
2. In these Regulations unless the context otherwise requires expressions used have the same meaning as in the Act (as herein defined):—
"the Act" means the Enduring Powers of Attorney Act 1985(a);
"attorney" means an attorney appointed under an enduring power of attorney;
"donor" means a person who has created an enduring power of attorney;
"enduring power of attorney" means a power of attorney which complies with these Regulations.
Prescribed Form
3.— (1) Subject to regulations 3(2) and 5 of these Regulations, an enduring power of attorney in the form set out in the Schedule to these Regulations, together with such additions, variations or restrictions as the donor may decide, shall operate to confer on the attorney authority to do on behalf of the donor anything which the attorney can lawfully do by virtue of the Act or the contents of the enduring power of attorney itself.
(2) An enduring power of attorney which seeks to exclude any provision contained in these Regulations, and in particular in the Schedule to these Regulations, is not a valid enduring power of attorney.
(a) 1985 c. 29.
Execution
4. 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 will state his full name, address and occupation. The donor and an attorney may not witness the signature of each other. Where more than one attorney is appointed to act jointly and severally, then at least one of the attorneys so appointed must execute the instrument for it to take effect, but only those attorneys who have executed the instrument shall be able to act under the enduring power of attorney if the donor becomes mentally incapable.
Explanatory Information
5. The prescribed Explanatory Information, set out in the Schedule, shall be endorsed on the enduring power of...
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