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Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2010/1063

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, making various changes which are summarised in the Explanatory Memorandum. In force 1/5/10, subject to transitional provisions.

Explanatory Note

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (SI 2007/1253) (“the principal Regulations”). The amendments are as follows.

Regulation 3 adds new paragraph (1A) to regulation 24 (application for registration) of the principal Regulations. New paragraph (1A) provides that an instrument may not be registered where only a certified copy of it is sent with the application, unless the applicant verifies that s/he cannot produce the original instrument because it has been lost or destroyed.

Regulation 4 substitutes an amended paragraph (3) into regulation 37 (discharge of any endorsed security) of the principal Regulations. The substituted paragraph (3) reduces to 2 years the 7-year period during which a security may not be discharged in cases where the person for whose benefit the security was given dies; the 2-year period begins on the date of the death. The 7-year period is retained in all other cases where discharge of the security is not provided for by an order of the court.

Regulation 5 adds to regulation 48 (other functions in relation to enduring powers of attorney) of the principal Regulations new paragraph (2) which provides that the functions conferred on the Public Guardian by the regulation may be discharged in co-operation with any other person who has functions in relation to the care or treatment of P (the subject of the enduring power of attorney).

Regulations 6 and 7 substitute revised forms in Schedules 7 (notice of intention to register an enduring power of attorney) and 8 (application to register an enduring power of attorney) respectively of the principal Regulations.

Regulation 8 sets out transitional provisions.

The Regulations come into force on 1st May 2010.

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