Introductory Text

Introductory Title and commencement (1) This Order may be cited as the Enduring Powers...

Introductory

1.Title and commencement
2.Interpretation

Enduring powers of attorney

3.Enduring power of attorney to survive mental incapacity of donor
4.Characteristics of an enduring power
5.Scope of authority etc. of attorney under enduring power

Action on actual or impending incapacity of donor

6.Duties of attorney in event of actual or impending incapacity of donor
7.Functions of court prior to registration
8.Functions of court on application for registration

Legal position after registration

9.Effect and proof of registration, etc.
10.Functions of court with respect to registered power

Protection of attorney and third parties
11.Protection of attorney and third persons where power invalid or revoked

Supplementary

12.Application of Mental Health Order provisions
13.Application to joint and joint and several attorneys
14.Power to modify pre-registration requirements in certain cases

SCHEDULES

SCHEDULE 1
NOTIFICATION PRIOR TO REGISTRATION

PART I DUTY TO GIVE NOTICE TO RELATIVES AND DONOR

Duty to give notice to relatives

1.Subject to paragraph 3, before making an application for registration...
2.(1) Subject to the limitations contained in sub-paragraphs (2) to...
3.(1) An attorney shall not be required to give notice...

Duty to give notice to donor
4.(1) Subject to sub-paragraph (2), before making an application for...

PART II CONTENTS OF NOTICES

5.A notice to relatives under this Schedule—
6.A notice to the donor under this Schedule—

PART III DUTY TO GIVE NOTICE TO OTHER ATTORNEYS
7.(1) Subject to sub-paragraph (2), before making an application for...

PART IV SUPPLEMENTARY
8.(1) For the purposes of this Schedule an illegitimate child...

SCHEDULE 2
FURTHER PROTECTION OF ATTORNEY AND THIRD PERSONS

1.Where— (a) an instrument framed in a form prescribed under...
2.An attorney who acts in pursuance of the power shall...
3.Any transaction between the attorney and another person shall, in...
4.Article 11(4) shall apply for the purpose of determining whether...

SCHEDULE 3
JOINT AND JOINT AND SEVERAL ATTORNEYS

PART I JOINT ATTORNEYS

1.In Article 4(6), the reference to the time when the...
2.In Article 4(8) and (9), the reference to the attorney...
3.In Article 7, references to the attorney shall be read...
4.Article 8 shall have effect as if the ground of...
5.In Article 10(2), references to the attorney shall be read...
6.In Article 10(4), references to the attorney shall be read...

PART II JOINT AND SEVERAL ATTORNEYS

7.In Article 4(9), the reference to the bankruptcy of the...
8.The restriction upon disclaimer imposed by Article 6(6) applies only...