SCHEDULES

SCHEDULE 4Lasting powers of attorney: formalities

Part 3Cancellation of registration and notification of severance

Notification by court of ineffective provision etc in instrument

19

(1)

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

(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.