Part 4 Registration
Mental Capacity Act 2005 (2005 c 9) | Legislation

Part 4 Registration

Registration of instrument creating power

13

(1)     If an application is made in accordance with paragraph 4(3) and (4) the Public Guardian must, subject to the provisions of this paragraph, register the instrument to which the application relates.

(2)     If it appears to the Public Guardian that—

(a)     there is a deputy appointed for the donor of the power created by the instrument, and

(b)     the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney,

the Public Guardian must not register the instrument except in accordance with the court's directions.

(3)     The court may, on the application of the attorney, direct the Public Guardian to register an instrument even though notice has not been given as required by paragraph 4(3) and Part 3 of this Schedule to a person entitled to receive

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