Page:Mental Capacity Act 2008.pdf/45

46 (3) For the avoidance of doubt, an instrument shall be treated as being made in the prescribed form if it complies with the form that was prescribed at the time of its making. PART II REGISTRATION 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 must—
 * (a) be made in the prescribed form; and
 * (b) 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 2 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) such fee as may be prescribed.

(4) A person who, in an application for registration, makes a statement which he knows to be false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(5) Subject to paragraphs 10 to 13, the Public Guardian must register the instrument as a lasting power of attorney at the end of the prescribed period if the application complies with sub-paragraphs (1), (2) and (3).

Notification to named persons

5.—(1) A donor about to make an application under paragraph 4(2)(a) must notify any named persons that he is about to do so.

(2) The donee (or donees) about to make an application under paragraph 4(2)(b) or (c) must notify any named persons that he is (or they are) about to do so.

Notification to donee

6. As soon as is practicable after receiving an application by the donor under paragraph 4(2)(a), the Public Guardian must notify the donee (or donees) that the application has been received.