Regulations 2 and 3
SCHEDULEENDURING POWER OF ATTORNEY
Part A: About using this form
1. You may choose one attorney or more than one. If you choose one attorney then you must delete everything between the square brackets on the first page of the form. If you chose more than one, you must decide whether they are able to act:
Jointly (that is, they must all act together and cannot act separately) or
Jointly and severally (that is, they can all act together but they can also act separately if they wish).
On the first page of the form, show what you have decided by crossing out one of the alternatives.
2. If you give your attorney(s) general power in relation to all your property and affairs, it means that they will be able to deal with your money or property and may be able to sell your house.
3. If you don't want your attorney(s) to have such wide powers, you can include any restrictions you like. For example, you can include a restriction that your attorney(s) must not act on your behalf until they have reason to believe that you are becoming mentally incapable; or a restriction as to what your attorney(s) may do. Any restrictions you choose must be written or typed where indicated on the second page of the form.
4. If you are a trustee (and please remember that co-ownership of a home involves trusteeship), you should seek legal advice if you want your attorney(s) to act as a trustee on your behalf.
5. Unless you put in a restriction preventing it you attorney(s) will be able to use any of your money or property to make any provision which you yourself might be expected to make for their own needs or the needs of other people. Your attorney(s) will also be able to use your money to make gifts, but only for reasonable amounts in relation to the value of your money and property.
6. Your attorney(s) can recover the out-of-pocket expenses of acting as your attorney(s). If you attorney(s) are professional people, for example solicitors or accountants, they may be able to charge for their professional services as well. You may wish to provide expressly for remuneration of your attorney(s) (although if they are trustees they may not be allowed to accept it).
7. If your attorney(s) have reason to believe that you have become or are becoming mentally incapable of managing your affairs, your attorney(s) will have to apply to the Court of Protection for registration of this power.
8. Before applying to the Court of Protection for registration of this power, your attorney(s) must give written notice that that is what they are going to do, to you and your nearest relatives as defined in the Enduring Powers of Attorney Act 1985. You or your relatives will be able to object if you or they disagree with registration.
9. This is a simplified explanation of what the Enduring Powers of Attorney Act 1985 and the Rules and Regulations say. If you need more guidance, you or your advisers will need to look at the Act itself and the Rules and Regulations. The Rules are the Court of Protection (Enduring Powers of Attorney) Rules 1986 (Statutory Instrument 1986 No. 127). The Regulations are the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 (Statutory Instruments 1990 No. 1376).
Note to Attorney(s)
10. After the power has been registered you should notify the Court of Protection if the donor dies or recovers.
Note to Donor
11. Some of these explanatory notes may not apply to the form you are using if it has already been adapted to suit your particular requirements.
YOU CAN CANCEL THIS POWER AT ANY TIME BEFORE IT HAS TO BE REGISTERED
Part B: To be completed by the “donor” (the person appointing the attorney(s)
Part C: To be completed by the attorney(s)
Note:
1. This form may be adapted to provide for execution by a corporation
2. If there is more than one attorney additional sheets in the form as shown below must be added to this Part C
