- (ii) stating that there are no persons whom he wishes to be notified of any such application;
- (d) a statement by the donee (or, if more than one, each of them) 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) understands the duties imposed on a donee of a lasting power of attorney under sections 3 (the principles) and 6 (best interests); and
- (e) a certificate by a person of a prescribed description that, in his opinion, at the time when the donor executes the instrument—
- (i) the donor understands the purpose of the instrument and the scope of the authority conferred under it;
- (ii) no fraud or undue pressure is being used to induce the donor to create a lasting power of attorney; and
- (iii) there is nothing else which would prevent a lasting power of attorney from being created by the instrument.
(2) Regulations may—
- (a) prescribe a maximum number of named persons;
- (b) provide that, where the instrument includes a statement under sub-paragraph (1)(c)(ii), 2 persons of a prescribed description must each give a certificate under sub-paragraph (1)(e).
(3) The persons who may be “named persons” do not include a person who is appointed as donee under the instrument.
(4) In this Schedule, “named person” means a person named under sub-paragraph (1)(c).
(5) A certificate under sub-paragraph (1)(e) must—
- (a) be made in the prescribed form; and
- (b) include any prescribed information.
(6) The certificate may not be given by a person appointed as donee under the instrument.
Failure to comply with prescribed form
3.—(1) If an instrument differs in an immaterial respect in form or mode of expression from the prescribed form, it is to be treated by the Public Guardian as sufficient in point of form and expression.
(2) The court may declare that an instrument which is not in the prescribed form is to be treated as if it were, if it is satisfied that the persons executing the instrument intended it to create a lasting power of attorney.
