Part 1 Making Instruments
Mental Capacity Act 2005 (2005 c 9) | Legislation

SCHEDULE 1 Lasting Powers of Attorney: Formalities

Section 9

Part 1 Making Instruments

General requirements as to making instruments

1

(1)     An instrument is not made in accordance with this Schedule unless—

(a)     it is in the prescribed form,

(b)     it complies with paragraph 2, and

(c)     any prescribed requirements in connection with its execution are satisfied.

(2)     Regulations may make different provision according to whether—

(a)     the instrument relates to personal welfare or to property and affairs (or to both);

(b)     only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally).

(3)     In this Schedule—

(a)     “prescribed†means prescribed by regulations, and

(b)     “regulations†means regulations made for the purposes of this Schedule by the Lord Chancellor.

Requirements
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