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Objection to registration: notice to Public Guardian to be given by donee

Mental Capacity Regulations 2010

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—(1) This regulation deals with any objection to the registration of an instrument as a lasting power of attorney which is to be made to the Public Guardian by the donee of the power.(2) Where the donee of the power —(a)is entitled to receive notice under paragraph 5 of the First Schedule to the Act of an application for the registration of the instrument; and(b)wishes to object to registration on a ground set out in paragraph 9(1)(b) of the First Schedule to the Act,he must do so by the date specified in the notice.(3) A notice of objection must be given in the form provided at the Public Guardian’s website, setting out —(a)the name and address of the objector;(b)the name and address of the donor of the power;(c)if known, the name and address of the other donee (or donees); and(d)the ground for making the objection.(3A) A notice of objection must be sent to the Public Guardian’s postal address or Public Guardian’s email address.(4) The Public Guardian must notify the objector as to whether he is satisfied that the ground of the objection is established.(5) At any time after receiving the notice of objection and before giving the notice required by paragraph (4), the Public Guardian may require the objector to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the ground for making the objection is established.(6) Where —(a)the Public Guardian is satisfied that the ground of the objection is established; but(b)by virtue of section 15(6) of the Act, the instrument is not revoked,the notice under paragraph (4) must contain a statement to that effect.(7) Nothing in this regulation prevents an objector from making a further objection under paragraph 9 of the First Schedule to the Act where —(a)the notice under paragraph (4) indicates that the Public Guardian is not satisfied that the particular ground of objection to which that notice relates is established; and(b)the date specified in the notice under paragraph (2) has not expired.

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