SCHEDULES
SCHEDULE 4Lasting powers of attorney: formalities
Part 2Registration
Instrument containing ineffective provision
11
1
Sub-paragraph (2) applies if it appears to the Public Guardian that an instrument accompanying an application under paragraph 4 contains a provision which—
a
would be ineffective as part of a lasting power of attorney; or
b
would prevent the instrument from operating as a valid lasting power of attorney.
2
The Public Guardian—
a
must apply to the court for it to determine the matter under section 111(1); and
b
pending the determination by the court, must not register the instrument.
3
Sub-paragraph (4) applies if the court determines under section 111(1) (whether or not on an application by the Public Guardian) that an instrument executed with a view to creating a lasting power of attorney contains a provision which—
a
would be ineffective as part of a lasting power of attorney; or
b
would prevent the instrument from operating as a valid lasting power of attorney.
4
The court must—
a
notify the Public Guardian that it has severed the provision; or
b
direct the Public Guardian not to register the instrument.
5
Where the court notifies the Public Guardian that it has severed a provision, the Public Guardian must register the instrument with a note to that effect attached to it.