Powers of Attorney Act, 1996

Application for registration.

9.—(1) If the attorney under an enduring power has reason to believe that the donor is or is becoming mentally incapable, the attorney shall, as soon as practicable, make an application to the court for the registration of the instrument creating the power.

(2) Before making the application the attorney shall comply with the provisions as to notice set out in the First Schedule .

(3) The attorney may, before making the application, refer to the court for its determination any question as to the validity of the power.

(4) A certificate to the effect that the donor is, or is becoming, incapable by reason of a mental condition of managing and administering his or her own property and affairs and purporting to be signed by a registered medical practitioner may be accepted as evidence of the matters contained therein.

(5) Any person who, in an application for registration, makes a statement which he or she knows to be false in a material particular shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding £10,000, or both; and

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000, or both.

(6) Pending the making of other provision by rules of court an application under subsection (1) shall be addressed to the Registrar of Wards of Court.