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Enduring Powers of Attorney Act 1985

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This is the original version (as it was originally enacted).

13Interpretation

(1)In this Act—

  • " the court", in relation to any functions under this Act, means the authority having jurisdiction under Part VII of the Mental Health Act 1983 ;

  • " enduring power " is to be construed in accordance with section 2;

  • " mentally incapable " or " mental incapacity ", except where it refers to revocation at common law, means, in relation to any person, that he is incapable by reason of mental disorder of managing and administering his property and affairs and " mentally capable " and " mental capacity" shall be construed accordingly;

  • " mental disorder " has the same meaning as it has in the Mental Health Act 1983 ;

  • " notice " means notice in writing;

  • " rules of the court" means rules under Part VII of the Mental Health Act 1983 as applied by section 10 ;

  • " statutory maximum " has the meaning given by section 74(1) of the Criminal Justice Act 1982 ;

  • " trust corporation " means the Public Trustee or a corporation either appointed by the High Court or a county court (according to their respective jurisdictions) in any particular case to be a trustee or entitled by rules under section 4(3) of the Public Trustee Act 1906 to act as custodian trustee.

(2)Any question arising under or for the purposes of this Act as to what the donor of the power might at any time be expected to do shall be determined by assuming that he had full mental capacity at the time but otherwise by reference to the circumstances existing at that time.

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