Regulation 27A

Subject to paragraph (2), the donee or (if there is more than one donee) any donee of an instrument registered under the Act as a lasting power of attorney (whether registered before, on or after 14 November 2022) may, for the purpose of making a decision for the donor who lacks capacity, apply to the Public Guardian for an electronic copy of the lasting power of attorney to be sent to a person, who is neither a donee or donor of the lasting power of attorney.

An application mentioned in paragraph (1) must be accompanied by a declaration by the donee that as at the date of the application, a medical practitioner has assessed and certified that the donor of the lasting power of attorney lacks capacity to make decisions about any matter relating to the donor’s personal welfare or property and affairs, or both.