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EFIS 1, : Court of Protection

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RANGE: COURT OF PROTECTION

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Con 36-Power of Attorney (General Form) [CON36]
Con 36*-Power of Attorney (For Some Special Purposes) [CON36SR]
Con 36D-Power of Attorney Under the Trustee Act 1925, Section 25 [CON36D]
Con 37-General Power of Attorney Under Section 10 of the Powers of Attorney Act 1971 [CON37]
Con 38-General Trustee Power of Attorney [CON38]
Con 38A-Statement Pursuant to the Trustee Delegation Act 1999 Section 2(3) [CON38A]
CP3- Medical Certificate [CP3]
CP5-Certificate of Family and Property [CP5]
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Although originally anticipated to come into force on 1st January, the Lord Chancellor’s Department has announced that the Trustee Delegation Act 1999 will not now come into force until 1st March 2000. This Act has necessitated amendments to Con 36, Con 36*, Con 36D and Con 37 although these amended forms should not be used before 1st March.

In addition, Oyez will be publishing two new forms under this Act which cannot be used before 1st March.

Con 38 is a General Trustee Power of Attorney which enables a single trustee to delegate his or her powers to a sole attorney, in accordance with section 25(s) of the Trustee Act 1925.

Con 38A is a statement made under the provisions of section 2(3) of the Trustee Delegation Act 1999 where a donee of a power of attorney confirms that the donor had a beneficial interest in trust property.

Con 36E and Con 36E (continuation) have not been altered by Regulations to represcribe their wording in the light of this 1999 Act.

Court of Protection forms 3 and 5 have been added to your range of forms and are also enclosed on disk. Please note that CP3 and CP5 are not affected by the Trustee Delegation Act 1999 and are only supplied on this disk for your convenience.

Forms affected

CON36 Power of Attorney (General) New/Amended
CON36D Power of Attorney Under the Trustee Act 1925, Section 25 New/Amended
CON36SR Power of Attorney (for some Special Purpose) New/Amended
CON37 General Power of Attorney Under Section 10 of the Powers of Attorney Act 1971 New/Amended
CP3 Medical Certificate New/Amended
020755RX.lfm New/Amended
CON38 General Trustee Power of Attorney New/Amended
CON38A Statement pursuant to the Trustee Delegation Act 1999, s.2(3) by the donee of the above power New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.