Clause 6

On or after the date of commencement of section 6 of the Mental Capacity (Amendment) Act 2021, where a rule of law requires an instrument conferring authority of the kind mentioned in section 11(1) to be a deed, that requirement is met by an electronic record in the electronic transaction system if —

the electronic record clearly states on its face that it is intended to be a deed by P;

P signs the electronic record by applying a secure electronic signature to the electronic record in the electronic transaction system; (c)P’s signature is attested by a witness who witnesses P’s execution of the electronic record; and

the executed electronic record is delivered as a deed by P.(2) Without limiting subsection (1)(d), an executed electronic record is treated as having been delivered as a deed by P on P making an application to the Public Guardian to register it as a lasting power of attorney.”.