SCHEDULES
SCHEDULE 1Lasting powers of attorney: formalities
Part 2Registration
Instrument not made properly or containing ineffective provision
11
1
If it appears to the Public Guardian that an instrument accompanying an application under paragraph 4 is not made in accordance with this Schedule, he must not register the instrument unless the court directs him to do so.
2
Sub-paragraph (3) applies if it appears to the Public Guardian that the instrument 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.
3
The Public Guardian—
a
must apply to the court for it to determine the matter under section 23(1), and
b
pending the determination by the court, must not register the instrument.
4
Sub-paragraph (5) applies if the court determines under section 23(1) (whether or not on an application by the Public Guardian) that the instrument 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.
5
The court must—
a
notify the Public Guardian that it has severed the provision, or
b
direct him not to register the instrument.
6
Where the court notifies the Public Guardian that it has severed a provision, he must register the instrument with a note to that effect attached to it.