MCA 2005 sch 1 pt 3 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must cancel the registration of an instrument as a lasting power of attorney on being satisfied that the power has been revoked-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(b) determines under section 22(2)(b) that the power has been revoked or has otherwise come to an end, or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.

Amendments

The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.