SCHEDULES
SCHEDULE 4Provisions applying to existing enduring powers of attorney
Part 3Notification prior to registration
Duty to give notice to relatives
6
1
Subject to sub-paragraphs (2) to (4), persons of the following classes (“relatives”) are entitled to receive notice under paragraph 5—
a
the donor's spouse or civil partner,
b
the donor's children,
c
the donor's parents,
d
the donor's brothers and sisters, whether of the whole or half blood,
e
the widow, widower or surviving civil partner of a child of the donor,
f
the donor's grandchildren,
g
the children of the donor's brothers and sisters of the whole blood,
h
the children of the donor's brothers and sisters of the half blood,
i
the donor's uncles and aunts of the whole blood,
j
the children of the donor's uncles and aunts of the whole blood.
2
A person is not entitled to receive notice under paragraph 5 if—
a
his name or address is not known to the attorney and cannot be reasonably ascertained by him, or
b
the attorney has reason to believe that he has not reached 18 or is mentally incapable.
3
Except where sub-paragraph (4) applies—
a
no more than 3 persons are entitled to receive notice under paragraph 5, and
b
in determining the persons who are so entitled, persons falling within the class in sub-paragraph (1)(a) are to be preferred to persons falling within the class in sub-paragraph (1)(b), those falling within the class in sub-paragraph (1)(b) are to be preferred to those falling within the class in sub-paragraph (1)(c), and so on.
4
Despite the limit of 3 specified in sub-paragraph (3), where—
a
there is more than one person falling within any of classes (a) to (j) of sub-paragraph (1), and
b
at least one of those persons would be entitled to receive notice under paragraph 5,
then, subject to sub-paragraph (2), all the persons falling within that class are entitled to receive notice under paragraph 5.