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Mental Capacity Act 2005
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Changes to legislation:
Mental Capacity Act 2005, Paragraph 17 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 4 Paragraph 17:
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4C inserted by 2019 c. 18 s. 1(3)
- s. 21ZA and cross-heading inserted by 2019 c. 18 s. 3
- s. 36(2)(da) inserted by 2019 c. 18 Sch. 2 para. 4(4)
- s. 42(1A) inserted by 2019 c. 18 s. 4(2)
- s. 42(2A)(2B) inserted by 2019 c. 18 s. 4(3)
- s. 58(4)(ca) inserted by 2023 c. 42 Sch. para. 10
- Sch. 1 para. 4A inserted by 2023 c. 42 Sch. para. 3
- Sch. 1 para. 10A and cross-heading inserted by 2023 c. 42 Sch. para. 6
- Sch. 1 para. 13A inserted by 2023 c. 42 Sch. para. 7(2)
- Sch. 1 para. 16(1A) inserted by 2023 c. 42 Sch. para. 8(b)
This section has no associated Explanatory Notes
17U.K.The Public Guardian must cancel the registration of an instrument creating an enduring power of attorney—
(a)on receipt of a disclaimer signed by the attorney;
(b)if satisfied that the power has been revoked by the death or bankruptcy of the donor or attorney[F1or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney] or, if the attorney is a body corporate, by its winding up or dissolution;
(c)on receipt of notification from the court that the court has revoked the power;
(d)on confirmation from the court that the donor has revoked the power.
Textual Amendments
F1Words in Sch. 4 para. 17(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 53(6)(d) (with art. 5)
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