Mental Capacity Act 2008 · 2020 Revised Edition · Part 3A · Electronic Transaction System*
10C. Requirement to use electronic transaction system
Feedback & supportLast amended by an amending law of 2021.
Except as provided in subsection (2), a person who wishes to carry out a transaction with the Public Guardian —
Public Guardian
“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);
must do so using the electronic transaction system if the transaction is an application for the registration of an instrument purporting to create a lasting power of attorney;
must do so using the electronic transaction system if required by the Public Guardian; or
may do so using the electronic transaction system if permitted by the Public Guardian.
If a transaction with the Public Guardian under or for the purposes of this Act cannot be carried out using the electronic transaction system —
because the person mentioned in subsection (1) is unable to carry out the transaction using the electronic transaction system due to the person’s physical disability or other circumstance;
because the electronic transaction system is unavailable; or
for any other reason, the transaction must be carried out in the form and manner determined by the Public Guardian.