This page has been proofread, but needs to be validated.
MENTAL CAPACITY
51


(b) which has not revoked the instrument,

the Public Guardian must attach to the instrument a note to that effect.

Replacement of donee

22. If in the case of a registered instrument it appears to the Public Guardian that the donee has been replaced under the terms of the instrument, the Public Guardian must attach to the instrument a note to that effect.

Severance of ineffective provisions

23. If in the case of a registered instrument the court notifies the Public Guardian under paragraph 18(2)(a) that it has severed a provision of the instrument, the Public Guardian must attach to it a note to that effect.

Notification of alterations

24. If the Public Guardian attaches a note to an instrument under paragraph 20, 21, 22 or 23, he must give notice of the note to the donee or donees of the power (or, as the case may be, to the other donee or donees of the power).

SECOND SCHEDULE

Sections 23(4) and (5) and 45

PROPERTY AND AFFAIRS: SUPPLEMENTARY PROVISIONS

Wills: general

1. Paragraphs 2, 3 and 4 apply in relation to the execution of a will, by virtue of section 23, on behalf of P.

Provision that may be made in will

2. The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it.

Wills: requirements relating to execution

3.—(1) Sub-paragraph (2) applies if under section 20 the court makes an order or gives directions requiring or authorising a person (the authorised person) to execute a will on behalf of P.

(2) Any will executed in pursuance of the order or direction must—

(a) state that it is signed by P acting by the authorised person;
(b) be signed by the authorised person with the name of P and his own name, in the presence of 2 or more witnesses present at the same time;