Mental Capacity Act (Northern Ireland) 2016 No. 18

SCHEDULES

Prospective

SCHEDULE 4 N.I. Lasting powers of attorney: formalities

Part 3 N.I. Cancellation of registration and notification of severance

Notification by court of ineffective provision etc in instrument N.I.

19—(1) Sub-paragraph (2) applies if the court determines under section 111(1) that a lasting power of attorney contains a provision which— N.I.

(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 the Public Guardian to cancel the registration of the instrument as a lasting power of attorney.