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Mental Capacity Act 2005

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Duty to give notice to relativesE+W+S+N.I.

5Subject to paragraph 7, before making an application for registration the attorney must give notice of his intention to do so to all those persons (if any) who are entitled to receive notice by virtue of paragraph 6.

6(1)Subject to sub-paragraphs (2) to (4), persons of the following classes (“relatives”) are entitled to receive notice under paragraph 5—E+W+S+N.I.

(a)the donor's spouse or civil partner,

(b)the donor's children,

(c)the donor's parents,

(d)the donor's brothers and sisters, whether of the whole or half blood,

(e)the widow, widower or surviving civil partner of a child of the donor,

(f)the donor's grandchildren,

(g)the children of the donor's brothers and sisters of the whole blood,

(h)the children of the donor's brothers and sisters of the half blood,

(i)the donor's uncles and aunts of the whole blood,

(j)the children of the donor's uncles and aunts of the whole blood.

(2)A person is not entitled to receive notice under paragraph 5 if—

(a)his name or address is not known to the attorney and cannot be reasonably ascertained by him, or

(b)the attorney has reason to believe that he has not reached 18 or is mentally incapable.

(3)Except where sub-paragraph (4) applies—

(a)no more than 3 persons are entitled to receive notice under paragraph 5, and

(b)in determining the persons who are so entitled, persons falling within the class in sub-paragraph (1)(a) are to be preferred to persons falling within the class in sub-paragraph (1)(b), those falling within the class in sub-paragraph (1)(b) are to be preferred to those falling within the class in sub-paragraph (1)(c), and so on.

(4)Despite the limit of 3 specified in sub-paragraph (3), where—

(a)there is more than one person falling within any of classes (a) to (j) of sub-paragraph (1), and

(b)at least one of those persons would be entitled to receive notice under paragraph 5,

then, subject to sub-paragraph (2), all the persons falling within that class are entitled to receive notice under paragraph 5.

7(1)An attorney is not required to give notice under paragraph 5—E+W+S+N.I.

(a)to himself, or

(b)to any other attorney under the power who is joining in making the application,

even though he or, as the case may be, the other attorney is entitled to receive notice by virtue of paragraph 6.

(2)In the case of any person who is entitled to receive notice by virtue of paragraph 6, the attorney, before applying for registration, may make an application to the court to be dispensed from the requirement to give him notice; and the court must grant the application if it is satisfied—

(a)that it would be undesirable or impracticable for the attorney to give him notice, or

(b)that no useful purpose is likely to be served by giving him notice.

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