Mental Capacity Act 2008 · 2020 Revised Edition · Part 7 · Public Guardian and Board of Visitors
31A. Public Guardian may interview donor
Feedback & supportLast amended by an amending law of 2021.
If on receiving an application to register an instrument purporting to create a lasting power of attorney, the Public Guardian has reasonable cause to suspect that fraud or undue pressure was used to induce a person (“P”) to —
lasting power of attorney
“lasting power of attorney” has the meaning given by section 11;
execute the instrument; or
execute the instrument to appoint a particular person as P’s donee, the Public Guardian or an authorised officer mentioned in section 30(3) may require P to appear before the Public Guardian or the authorised officer (as the case may be) at any reasonable time and at any convenient place.
The Public Guardian or authorised officer may interview P to ascertain whether any fraud or undue pressure was used to induce P to do either of the acts mentioned in subsection (1)(a) or (b).
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);
Where the Public Guardian has reason to suspect that fraud or undue pressure has been used to induce P to execute an instrument to appoint a particular person as P’s donee, the Public Guardian may disclose to P the following information:
the number of lasting powers of attorney under which that person is appointed as donee;
the number of applications pending for the registration of an instrument that appoints that person as a donee under the instrument.