Assisted Decision-Making (Capacity) Act 2015

Notice of execution of an enduring power of attorney

61. (1) The donor shall, as soon as practicable after the execution of the instrument creating the enduring power of attorney, give notice, in such form as shall be prescribed, of such execution to the following persons:

(a) a spouse or civil partner of the donor;

(b) the cohabitant (if any) of the donor;

(c) any children of the donor who have attained the age of 18 years;

(d) any decision-making assistant for the donor;

(e) any co-decision-maker for the donor;

(f) any decision-making representative for the donor;

(g) any designated healthcare representative for the donor;

(h) any other attorney for the donor or attorney under the Act of 1996 in respect of the donor;

(i) any other person or persons as may be specified by the donor in the instrument creating the enduring power of attorney as a person or persons to whom notice shall be given under this section and section 68 (3).

(2) Where there are fewer than 3 persons to whom notice may be given pursuant to subsection (1), the donor shall specify 2 persons in the instrument creating the enduring power of attorney as persons to whom notice shall be given under this section and section 68 (3).