Statutory Instruments

2009 No.1884

Mental Capacity, England And Wales

The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009

Made

14th July 2009

Laid before Parliament

15th July 2009

Coming into force

1st October 2009

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 58(3), 64(1) and 65(1)(b) 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 2009 and shall come into force on 1 October 2009.

(2) In these Regulations, a reference to “the Schedule” is a reference to Schedule 1 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007( 2 ).

Amendment of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

2.The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 shall be amended as follows.

3. In regulation 18(2)(a) (changes to instrument registered as lasting power of attorney) omit “of”.

4. In regulation 32(6) (disclosure of additional information held by the Public Guardian), in the opening words, after “information” insert “relating”.

5. For Schedule 1 (form for instrument intended to create a lasting power of attorney) substitute the Schedule to these Regulations.

Transitional provisions

6. An instrument executed by the donor before 1 April 2011 in one of the forms prescribed in the Schedule as though it had not been substituted by these Regulations shall be capable, whether or not it has been registered by the Public Guardian, of being a valid lasting power of attorney.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State

Ministry of Justice

14th July 2009

Regulation 5