Explanatory note

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (“the 2007 Regulations”) so as to substitute new prescribed forms for instruments intended to create a property and financial affairs Lasting Power of Attorney or a health and welfare Lasting Power of Attorney. The relevant prescribed form must be used in order to make either a health and welfare or a property and financial affairs Lasting Power of Attorney. However regulation 6 permits the continued use of the forms which are replaced by the new prescribed forms provided execution of the form occurs before 1 April 2011.

Regulation 3 of these Regulations corrects a minor and non-substantive error in regulation 18(2)(a) of the 2007 Regulations by removing the word ‘of’. Regulation 4 of these Regulations corrects an error in regulation 32(6) of the 2007 Regulations by inserting the word ‘relating’. This word was omitted in error in the 2007 Regulations. The purpose of regulation 32 is to disclose information about P rather than to disclose information to P, as regulation 32(3) of the 2007 Regulations makes clear. The amendment to regulation 32(6) of the 2007 Regulations reflects this.