| Mental Capacity Act 2005 |
| 2005 Chapter 9 - continued |
| SCHEDULE 4, PROVISIONS APPLYING TO EXISTING ENDURING POWERS OF ATTORNEY - continued |
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| | PART 2 |
| | ACTION ON ACTUAL OR IMPENDING INCAPACITY OF DONOR |
| | Duties of attorney in event of actual or impending incapacity of donor
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| 4 | (1) Sub-paragraphs (2) to (6) apply if the attorney under an enduring power has reason to believe that the donor is or is becoming mentally incapable.
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| | (2) The attorney must, as soon as practicable, make an application to the Public Guardian for the registration of the instrument creating the power.
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| | (3) Before making an application for registration the attorney must comply with the provisions as to notice set out in Part 3 of this Schedule.
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| | (4) An application for registration-
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| | (a) must be made in the prescribed form, and |
| | (b) must contain such statements as may be prescribed. |
| | (5) The attorney-
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| | (a) may, before making an application for the registration of the instrument, refer to the court for its determination any question as to the validity of the power, and |
| | (b) must comply with any direction given to him by the court on that determination. |
| | (6) No disclaimer of the power is valid unless and until the attorney gives notice of it to the Public Guardian; and the Public Guardian must notify the donor if he receives a notice under this sub-paragraph.
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| | (7) 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-
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| | (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both; |
| | (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both. |
| | (8) In this paragraph, "prescribed" means prescribed by regulations made for the purposes of this Schedule by the Lord Chancellor.
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