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Enduring Powers of Attorney Act 1985

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This is the original version (as it was originally enacted).

Schedule 2Further Protection of Attorney and Third Persons

1Where—

(a)an instrument framed in a form prescribed under section 2(2) creates a power which is not a valid enduring power; and

(b)the power is revoked by the mental incapacity of the donor, paragraphs 2 and 3 below shall apply, whether or not the instrument has been registered.

2An attorney who acts in pursuance of the power shall not, by reason of the revocation, incur any liability (either to the donor or to any other person) unless at the time of acting he knows—

(a)that the instrument did not create a valid enduring power;

and

(b)that the donor has become mentally incapable.

3Any transaction between the attorney and another person shall, in favour of that person, be as valid as if the power had then been in existence, unless at the time of the transaction that person knows—

(a)that the instrument did not create a valid enduring power;

and

(b)that the donor has become mentally incapable.

4Section 9(4) shall apply for the purpose of determining whether a transaction was valid by virtue of paragraph 3 above as it applies for the purpose of determining whether a transaction was valid by virtue of section 9(3).

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