Regulation 3 Execution

An enduring power of attorney in the form set out in the Schedule to these Regulations shall be executed by both the donor and the attorney, although not necessarily at the same time, in the presence of a witness, but not necessarily the same witness, who shall give his full name and address. The donor and an attorney shall not witness the signature of each other nor one attorney the signature of another. Where more than one attorney is appointed and they are to act jointly and severally, then at least one of the attorneys so appointed must execute the instrument for it to take effect as an enduring power of attorney, but only those attorneys who have executed the instrument shall be able to act under the enduring power of attorney in the event of the donor’s mental incapacity or of the registration of the power, whichever first occurs.