The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015
| Jurisdiction | England & Wales |
| Citation | SI 2015/899 |
| Year | 2015 |
2015No. 899
MENTAL CAPACITY, ENGLAND AND WALES
The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015
25thMarch2015
26thMarch2015
1stJuly2015
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 58(3) and (4), 65(1) and (2) of, and Schedule 1 to, the Mental Capacity Act 2005( 1).
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2015.
(2) These Regulations come into force on 1st July 2015.
(3) In these Regulations-
(a) "the 2007 Regulations" means the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007( 2); and(b) a reference to a regulation or Schedule by number alone means the regulation or Schedule so numbered in the 2007 Regulations.Amendments to the 2007 Regulations
2. The 2007 Regulations are amended in accordance with regulations 3 to 16 of these Regulations.
3. In the list of contents of the 2007 Regulations-
(a) in the entry for regulation 6, for "named persons" substitute "people to notify";(b) omit the entry for regulation 7;(c) in the entry for regulation 14, for "named person" substitute "person to notify";(d) for the entry for Schedule 1, substitute-(e) for the entry for Schedule 2, substitute "SCHEDULE 2 - Form of Notice of Intention to Register a Lasting Power of Attorney: LPA3";(f) for the entry for Schedule 3, substitute "SCHEDULE 3 - Form to Register Certain Lasting Powers of Attorney: LP2";(g) omit the entry for Schedule 3A;(h) for the entry for Schedule 4, substitute-(i) for the entry for Schedule 6, substitute "SCHEDULE 6 - Form of Disclaimer by a Proposed or Acting Attorney under a Lasting Power of Attorney: LPA005".4. In regulation 2(1)-
(a) in the definition of "named person"-(i) for "named person", substitute "person to notify"; and(ii) after "means a person who", insert ", under Schedule 1, paragraph 2(1)(c)(i) of the Act,"; and(b) in the definition of "prescribed information", at the end of the definition, for ""prescribed information"", substitute ", ""Section 8 - Your legal rights and responsibilities"".5. In regulation 6 and in the heading to that regulation, for "named persons", substitute "people to notify".
6. Omit regulation 7.
7. In regulation 9-
(a) in paragraph (3)(a), for "Part A" substitute "Sections 1 to 7";(b) For paragraph (3)(b) substitute-"(b) subject to paragraph (7), in the presence of a witness-(i) sign Section 9 of the instrument if the instrument is intended to create a lasting power of attorney for property and financial affairs (Form LP1F); or(ii) sign Sections 5 and 9 of the instrument if the instrument is intended to create a lasting power of attorney for health and welfare (Form LP1H);";(c) at the end of paragraph (4)(a), omit ", or";(d) omit paragraph (4)(b);(e) in paragraph (4), for "Part B" substitute "Section 10"; and(f) in paragraph (6), for "Part C" each time it appears substitute "Section 11".8. In regulation 10, for "("LPA 001")", substitute "(Form LPA3)".
9. For regulation 11, substitute-
"Application for registration
11.
-(1) An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney that is in Form LP1F or LP1H must be made by completion of Sections 12 and 13, the relevant parts of Section 14 and Section 15 of that Form.(2) An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney that is in a pre-July 2015 form must be made by using Form LP2 set out in Schedule 3 to these Regulations.(3) An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney where the...To continue reading
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