SCHEDULES

SCHEDULE 1Lasting powers of attorney: formalities

Part 2Registration

Objection by donee or named person

13

1

Sub-paragraph (2) applies if a donee or a named person—

a

receives a notice under paragraph 6, 7 or 8 of an application for the registration of an instrument, and

b

before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on the ground that an event mentioned in section 13(3) or (6)(a) to (d) has occurred which has revoked the instrument.

2

If the Public Guardian is satisfied that the ground for making the objection is established, he must not register the instrument unless the court, on the application of the person applying for the registration—

a

is satisfied that the ground is not established, and

b

directs the Public Guardian to register the instrument.

3

Sub-paragraph (4) applies if a donee or a named person—

a

receives a notice under paragraph 6, 7 or 8 of an application for the registration of an instrument, and

b

before the end of the prescribed period—

i

makes an application to the court objecting to the registration on a prescribed ground, and

ii

notifies the Public Guardian of the application.

4

The Public Guardian must not register the instrument unless the court directs him to do so.