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Application for certified copy of instrument registered under Act as lasting power of attorney by other persons

Mental Capacity Regulations 2010

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—(1) This regulation applies in any case where there is an instrument registered under the Act as a lasting power of attorney concerning a person (“P”) and regulation 27 is not applicable.(2) On receipt of an application with the prescribed fee by a person for a certified copy of an instrument registered under the Act as a lasting power of attorney made in accordance with paragraph (3), the Public Guardian may, if he considers that there is good reason to do so, furnish a certified copy of the registered instrument to the applicant.(3) An application must be made in the form and manner required by the Public Guardian, and state —(a)the name of P;(b)the reasons for making the application; and(c)what steps, if any, the applicant has taken to obtain a copy of the instrument from P.(4) The Public Guardian may require the applicant to provide any further information or documents to enable the Public Guardian to determine the application.(5) In determining whether to furnish a certified copy of the registered instrument to the applicant, the Public Guardian may in his discretion consider any relevant facts, including —(a)the connection between P and the applicant;(b)the reasons for requesting the information (in particular, why the information cannot or should not be obtained directly from P);(c)the benefit to P, or any detriment he may suffer, if a disclosure is made; and(d)any detriment that another person may suffer if a disclosure is made or not made.

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