Part 7 Joint and Joint and Several Attorneys
Mental Capacity Act 2005 (2005 c 9) | Legislation

Part 7 Joint and Joint and Several Attorneys

Application to joint and joint and several attorneys

20

(1)     An instrument which appoints more than one person to be an attorney cannot create an enduring power unless the attorneys are appointed to act—

(a)     jointly, or

(b)     jointly and severally.

(2)     This Schedule, in its application to joint attorneys, applies to them collectively as it applies to a single attorney but subject to the modifications specified in paragraph 21.

(3)     This Schedule, in its application to joint and several attorneys, applies with the modifications specified in sub-paragraphs (4) to (7) and in paragraph 22.

(4)     A failure, as respects any one attorney, to comply with the requirements for the creation of enduring powers—

(a)     prevents the instrument from creating such a power in his case, but

(b)     does not affect its efficacy for that purpose as respects the other or others or its efficacy in his case for the purpose of creating a power of attorney which is not an enduring power.

(5)     If one or more but not both or all the attorneys makes or joins in making an application for registration of the instrument—

(a)

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