Part 6 Protection of Attorney and Third Parties
Mental Capacity Act 2005 (2005 c 9) | Legislation

Part 6 Protection of Attorney and Third Parties

Protection of attorney and third persons where power is invalid or revoked

18

(1)     Sub-paragraphs (2) and (3) apply where an instrument which did not create a valid power of attorney has been registered under paragraph 13 (whether or not the registration has been cancelled at the time of the act or transaction in question).

(2)     An attorney who acts in pursuance of the power does not incur any liability (either to the donor or to any other person) because of the non-existence of the power unless at the time of acting he knows—

(a)     that the instrument did not create a valid enduring power,

(b)     that an event has occurred which, if the instrument had created a valid enduring power, would have had the effect of revoking the power,

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