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Enduring Powers of Attorney Act 1985

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This is the original version (as it was originally enacted).

7Effect and proof of registration, etc.

(1)The effect of the registration of an instrument under section 6 is that—

(a)no revocation of the power by the donor shall be valid unless and until the court confirms the revocation under section 8(3);

(b)no disclaimer of the power shall be valid unless and until the attorney gives notice of it to the court;

(c)the donor may not extend or restrict the scope of the authority conferred by the instrument and no instruction or consent given by him after registration shall, in the case of a consent, confer any right and, in the case of an instruction, impose or confer any obligation or right on or create any liability of the attorney or other persons having notice of the instruction or consent.

(2)Subsection (1) above applies for so long as the instrument is registered under section 6 whether or not the donor is for the time being mentally incapable.

(3)A document purporting to be an office copy of an instrument registered under this Act shall, in any part of the United Kingdom, be evidence of the contents of the instrument and of the fact that it has been so registered.

(4)Subsection (3) above is without prejudice to section 3 of the Powers of Attorney Act 1971 (proof by certified copies) and to any other method of proof authorised by law.

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