Mental Capacity Act 2005 (c. 9)

SCHEDULES

SCHEDULE 1 Lasting powers of attorney: formalities

Part 3 Cancellation of registration and notification of severance

19 (1) Sub-paragraph (2) applies if the court determines under section 23(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 him to cancel the registration of the instrument as a lasting power of attorney.