New Lasting Power of Attorney forms

On 14 July 2009, the Lasting Power of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 were made, in response to a consultation launched in October 2008. The regulations, amends the 2007 Regulations by replacing the Schedule to those regulations with a new Schedule that sets out the new prescribed forms which must be used in order to create an Lasting Power of Attorney.

The new forms are 12 pages long reduced from 28 pages, have plainer language and problem areas such as tick boxes have been removed. Continuation sheets have also been introduced either for the purposes of creating restrictions on the attorney or to list named persons, to be notified of the application to register the instrument –or if the donor cannot sign or mark.

There will be a transitional period where the old forms will be allowed, provided that execution occurs before 1 April 2011.

Guidance on the operation of a lasting power or attorney is available through the Code of Practice that supports the Mental Capacity Act 2005 (c. 9) and through the website.