Part 3

Mental Capacity Act 2005
2005 Chapter 9 - continued
SCHEDULE 1, LASTING POWERS OF ATTORNEY: FORMALITIES - continued

back to previous text

	PART 3
	CANCELLATION OF REGISTRATION AND NOTIFICATION OF SEVERANCE
17	(1) The Public Guardian must cancel the registration of an instrument as a lasting power of attorney on being satisfied that the power has been revoked-
	(a) as a result of the donor's bankruptcy, or
	(b) on the occurrence of an event mentioned in section 13(6)(a) to (d).
	(2) If the Public Guardian cancels the registration of an instrument he must notify-
	(a) the donor, and
	(b) the donee or, if more than one, each of them.
18	The court must direct the Public Guardian to cancel the registration of an instrument as a lasting power of attorney if it-
	(a) determines under section 22(2)(a) that a requirement for creating the power was not met,
	(b) determines under section 22(2)(b) that the power has been revoked or has otherwise come to an end, or
	(c) revokes the power under section 22(4)(b) (fraud etc.).
19	(1) Sub-paragraph (2) applies if the court determines under section 23(1) that a lasting power of attorney contains a provision which-
	(a) is ineffective as part of a lasting power of attorney, or
	(b) prevents the instrument from operating as a valid lasting power of attorney.
	(2) The court must-
	(a) notify the Public Guardian that it has severed the provision, or
	(b) direct him to cancel the registration of the instrument as a lasting power of attorney.
20	On the cancellation of the registration of an instrument, the instrument and any office copies of it must be delivered up to the Public Guardian to be cancelled.



	Other UK Acts \| Home \| Scotland Legislation \| Wales Legislation \| Company Formation Online \| Company Formations in Republic of Ireland \| Company Registration in Northern Ireland \| Incorporate in California, Nevada, Florida and New York \| Incorporate Offshore

Prepared 13 April 2005