Page:Mental Capacity Act 2008.pdf/43

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FIRST SCHEDULE

Sections 11(2) and (3), 12(6)
and (7), 16(1) and 45

LASTING POWERS OF ATTORNEY: FORMALITIES

PART I
MAKING INSTRUMENTS

General requirements as to making instruments

1.—(1) An instrument is not made in accordance with this Schedule unless—

(a) it is in the prescribed form;

(b) it complies with paragraph 2; and

(c) any prescribed requirements in connection with its execution are satisfied.

(2) Part II of the Electronic Transactions Act (Cap. 88) shall not apply to the making or execution of an instrument under this Schedule.

(3) Regulations may make different provision according to whether—

(a) the instrument relates to personal welfare or to property and affairs (or to both);

(b) only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally).

Requirements as to content of instruments

2.—(1) The instrument must include—

(a) the prescribed information about the purpose of the instrument and the effect of a lasting power of attorney;

(b) a statement by the donor to the effect that he—

(i) has read the prescribed information or a prescribed part of it (or has had it read to him); and

(ii) intends the authority conferred under the instrument to mean authority to make decisions on his behalf in circumstances where he no longer has capacity;

(c) a statement by the donor—

(i) naming a person or persons whom the donor wishes to be notified of any application for the registration of the instrument; or