Part 2 Registration
Mental Capacity Act 2005 (2005 c 9) | Legislation

Part 2 Registration

Applications and procedure for registration

4

(1)ÌýÌýÌýÌý An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney—

(a)ÌýÌýÌýÌý must be made [by the donor] in the prescribed form, and

(b)ÌýÌýÌýÌý must include any prescribed information.

(2)ÌýÌýÌýÌý The application may be made—

(a)ÌýÌýÌýÌý by the donor,

(b)ÌýÌýÌýÌý by the donee or donees, or

(c)ÌýÌýÌýÌý if the instrument appoints two or more donees to act jointly and severally in respect of any matter, by any of the donees.

(3)ÌýÌýÌýÌý The application must be accompanied by—

(a)ÌýÌýÌýÌý the instrument, and

(b)ÌýÌýÌýÌý any fee provided for under section 58(4)(b).

[(3)ÌýÌýÌýÌý The application must be accompanied by the instrument (whether or not the instrument complies with paragraph 1(1)(c)).]

(4)ÌýÌýÌýÌý A person who, in an application for registration, makes a statement which he knows to be false in a material particular is guilty of an offence and is liable—

(a)ÌýÌýÌýÌý on summary conviction, to imprisonment for a term not exceeding [the general limit in a magistrates' court] or a fine not exceeding the statutory maximum or both;

(b)

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