Mental Capacity Act 2005, Paragraph 13 is up to date with all changes known to be in force on or before 03 March 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.
13(1)If the donor of a lasting power is habitually resident in England and Wales at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is—E+W
(a)the law of England and Wales, or
(b)if he specifies in writing the law of a connected country for the purpose, that law.
(2)If he is habitually resident in another country at that time, but England and Wales is a connected country, the law applicable in that respect is—
(a)the law of the other country, or
(b)if he specifies in writing the law of England and Wales for the purpose, that law.
(3)A country is connected, in relation to the donor, if it is a country—
(a)of which he is a national,
(b)in which he was habitually resident, or
(c)in which he has property.
(4)Where this paragraph applies as a result of sub-paragraph (3)(c), it applies only in relation to the property which the donor has in the connected country.
(5)The law applicable to the manner of the exercise of a lasting power is the law of the country where it is exercised.
(6)In this Part of this Schedule, “lasting power” means—
(a)a lasting power of attorney (see section 9),
(b)an enduring power of attorney within the meaning of Schedule 4, or
(c)any other power of like effect.
Modifications etc. (not altering text)
C1Sch. 3 para. 13(6) excluded (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.2, 24.6(1)
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