Mental Capacity Act (Northern Ireland) 2016

Revocation of lasting power etc by donor or on donor’s bankruptcy

106.—(1) Where—

(a) an instrument (“a relevant instrument”) is executed with a view to creating a lasting power of attorney, or

(b) a lasting power of attorney is registered,

the donor may, at any time when the donor has capacity to do so, revoke the instrument or the lasting power of attorney.

(2) Where a relevant instrument has been executed (but not registered) and the donor is bankrupt, the bankruptcy revokes the instrument so far as it relates to the donor’s property and affairs.

(3) Where the donor of a lasting power of attorney is bankrupt—

(a) if the donor is bankrupt merely because an interim bankruptcy restrictions order has effect, the power is suspended, so far as it relates to the donor’s property and affairs, for so long as the order has effect;

(b) otherwise, the bankruptcy revokes the power so far as it relates to the donor’s property and affairs.