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Enduring Powers of Attorney Act 1985

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Enduring powers of attorney

    1. 1.Enduring power of attorney to survive mental incapacity of donor

    2. 2.Characteristics of an enduring power

    3. 3.Scope of authority etc. of attorney under enduring power

  3. Action on actual or impending incapacity of donor

    1. 4.Duties of attorney in event of actual or impending incapacity of donor

    2. 5.Functions of court prior to registration

    3. 6.Functions of court on application for registration

  4. Legal position after registration

    1. 7.Effect and proof of registration, etc.

    2. 8.Functions of court with respect to registered power

  5. Protection of attorney and third parties

    1. 9.Protection of attorney and third persons where power invalid or revoked

  6. Supplementary

    1. 10.Application of Mental Health Act provisions relating to the court

    2. 11.Application to joint and joint and several attorneys

    3. 12.Power of Lord Chancellor to modify pre-registration requirements in certain cases

    4. 13.Interpretation

    5. 14.Short title, commencement and extent

  7. Schedules

    1. Schedule 1

      Notification Prior to Registration

      1. Part I Duty to Give Notice to Relatives and Donor

        1. Duty to give notice to relatives

          1. 1.Subject to paragraph 3 below, before making an application for...

          2. 2.—(1) Subject to the limitations contained in sub-paragraphs (2) to...

          3. 3.(1) An attorney shall not be required to give notice...

        2. Duty to give notice to donor

          1. 4.(1) Subject to sub-paragraph (2) below, before making an application...

      2. Part II Contents of Notices

        1. 5.A notice to relatives under this Schedule—

        2. 6.A notice to the donor under this Schedule-

      3. Part III Duty to Give Notice to Other Attorneys

        1. 7.(1) Subject to sub-paragraph (2) below, before making an application...

      4. Part IV Supplementary

        1. 8.(1) For the purposes of this; Schedule an illegitimate child...

    2. Schedule 2

      Further Protection of Attorney and Third Persons

      1. 1.Where— (a) an instrument framed in a form prescribed under...

      2. 2.An attorney who acts in pursuance of the power shall...

      3. 3.Any transaction between the attorney and another person shall, in...

      4. 4.Section 9(4) shall apply for the purpose of determining whether...

    3. Schedule 3

      Joint and Joint and Several Attorneys

      1. Part I Joint Attorneys

        1. 1.In section 2(7), the reference to the time when the...

        2. 2.In section 2(9) and (10), the reference to the attorney...

        3. 3.In section 5, references to the attorney shall be read...

        4. 5.In section 8(2), references to the attorney shall be read...

        5. 6.In section 8(4), references to the attorney shall be read...

      2. Part II Joint and Several Attorneys

        1. 7.In section 2(10), the reference to the bankruptcy of the...

        2. 8.The restriction upon disclaimer imposed by section 4(6) applies only...

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