Powers of Attorney Act 2023
The Schedule makes provision in relation to lasting powers of attorney.
Section 3 of the Powers of Attorney Act 1971 is amended as follows.
In subsection (1)(b), after “authorised person” insert “, chartered legal executive”.
After subsection (3) insert—
This Act extends to England and Wales only, subject to subsection (2).
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 2;
this section;
paragraph 8(a) and (b) of the Schedule.
This section comes into force on the day on which this Act is passed.
Section 2 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The remaining provisions of this Act come into force on such day or days as the Lord Chancellor may by regulations made by statutory instrument appoint.
The regulations—
may make transitional, transitory or saving provision, and
may make different provision for different purposes.
This Act may be cited as the Powers of Attorney Act 2023.
Section 1
Schedule 1 to the Mental Capacity Act 2005 (lasting powers of attorney: formalities) is amended as follows.
After paragraph 10 insert—
In paragraph 4—
in sub-paragraph (1)(a), after “made” insert “by the donor”;
omit sub-paragraph (2);
The application must be accompanied by the instrument (whether or not the instrument complies with paragraph 1(1)(c)).
In paragraph 13— After that paragraph insert—
After that paragraph insert—
Omit paragraph 6. For paragraph 7 substitute— Omit paragraph 8.
For paragraph 10 and the italic heading before it substitute—
In paragraph 16—
in sub-paragraph (1), in the words before paragraph (a), after “Schedule” insert “before the day on which paragraph 8(a) of the Schedule to the Powers of Attorney Act 2022 comes into force”;
In the case of any instrument registered under this Schedule in electronic form—
in sub-paragraph (2), for “Sub-paragraph (1) is” substitute “Sub-paragraphs (1) and (1A) are”.
The Mental Capacity Act 2005 is amended as follows.
In section 58(4) (functions of the Public Guardian), after paragraph (c) insert—.
In section 65 (rules, regulations and orders), in subsection (1)(c), after “cases” insert “or purposes”.
Schedule 1 is amended as follows. In paragraph 5, for “11 to 14” substitute “10A to 13A”. In paragraph 9— In paragraph 11(1)— In paragraph 13— Omit paragraph 14 and the italic heading before it.