Schedule
Lasting powers of attorney
Registration of lasting powers of attorney
Introduction
1 Schedule 1 to the Mental Capacity Act 2005 (lasting powers of attorney: formalities) is amended as follows.
Application for registration of lasting power of attorney
2 In paragraph 4—
a
(a) in sub-paragraph (1)(a), after “made” insert“by the donor”;
b
(b) omit sub-paragraph (2);
c
(c) for sub-paragraph (3) substitute—
(3) The application must be accompanied by the instrument (whether or not the instrument complies with paragraph 1(1)(c)).”
3 After that paragraph insert—
4A
“4A If it appears to the Public Guardian that the instrument as submitted under paragraph 4(3) fails in a prescribed respect to comply with paragraph 1(1)(c), the Public Guardian must take any steps that may be prescribed for ensuring that the instrument complies with paragraph 1(1)(c) in that respect.”
Notifications
(1) Omit paragraph 6.
(2) For paragraph 7 substitute—
7
(1) As soon as is practicable after both the conditions in sub-paragraph (2) are met, the Public Guardian must notify the donor, the donee (or, if more than one, each of them) and each named person that those conditions have been met.
(2) The conditions are—
(a)
(a) that the Public Guardian has received an application under paragraph 4 in relation to an instrument intended to create a lasting power of attorney, and
(b)
(b) that it appears to the Public Guardian that the instrument has been made in accordance with this Schedule.”
(3) Omit paragraph 8.
Exclusion of notification requirements
5 For paragraph 10 and the italic heading before it substitute—
10
“10. Exclusion of notification requirements
The Public Guardian may, on an application made by the donor with respect to a named person, determine that paragraph 7 is not to apply in relation to that person if satisfied that there are special circumstances which justify the disapplication of that provision in relation to that person.”
Identification requirements
6 After paragraph 10 insert—
10A
“10A. Identification requirements
(1) Regulations may impose, in respect of applications under paragraph 4 for the registration of an instrument, requirements for the purpose of establishing or verifying the identity of persons named in an instrument or taking part in the process of an application.
(2) If it appears to the Public Guardian that a requirement imposed by regulations under sub-paragraph (1) is not met in the case of an instrument, the Public Guardian must not register the instrument unless directed to do so by the court.”
Objections to registration
(1) In paragraph 13—
(a)
(a) for sub-paragraph (3)(b) substitute—
b
“(b) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on a prescribed ground.”;
(b)
(b) for sub-paragraph (4) substitute—
(4) The Public Guardian must not register the instrument unless—
(a)
(a) the Public Guardian is satisfied that no evidence has been provided which reasonably supports the making of the objection on that ground, or
(b)
(b) the court, on the application of the donor or the donee (or, if more than one, any of them), directs the Public Guardian to register the instrument.”
(2) After that paragraph...
