SCHEDULES

SCHEDULE 1Lasting powers of attorney: formalities

Part 2Registration

Applications and procedure for registration

4

1

An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney—

a

must be made in the prescribed form, and

b

must include any prescribed information.

2

The application may be made—

a

by the donor,

b

by the donee or donees, or

c

if the instrument appoints two or more donees to act jointly and severally in respect of any matter, by any of the donees.

3

The application must be accompanied by—

a

the instrument, and

b

any fee provided for under section 58(4)(b).

4

A person who, in an application for registration, makes a statement which he knows to be false in a material particular is guilty of an offence and is liable—

a

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.