Mental Capacity Act 2008 · 2020 Revised Edition · Part 4 · Lasting Powers of Attorney
12A. Execution of lasting power of attorney
Feedback & supportLast amended by an amending law of 2021.
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.
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.
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);