The Court of Protection (Enduring Powers of Attorney) Rules 2001

PART V Cancellation of Registration

Cancellation of a registered power of attorney

25.—(1) Where the court is satisfied that one of the circumstances listed in section 8(4) of the Act applies, it shall cancel the registration of the enduring power of attorney in question and send a notice to the attorney requiring him to deliver the original instrument to the court.

(2) Where the court—

(a) receives a notice of disclaimer under section 7(1)(b) of the Act;

(b) is satisfied that the enduring power of attorney has been revoked by the death or bankruptcy of the donor; or

(c) is satisfied that the enduring power of attorney has been revoked by the death or bankruptcy of the attorney or, if the attorney is a body corporate, its winding up or dissolution;

it shall cancel the registration of the enduring power of attorney and send notice to the attorney, or, (where appropriate) to his personal representative or to the liquidator or receiver of a body corporate, requiring him or them to deliver the original instrument to the court.

(3) Where the instrument creating an enduring power of attorney has been lost or destroyed, the attorney shall give to the court written details of that date of such loss or destruction and of the circumstances in which the loss or destruction occurred.

(4) Where registration has been cancelled for any reason other than that set out in section 8(4)(c) of the Act, the court shall mark the power of attorney as cancelled.

(5) Any notices issued by the court under this rule may contain a warning that failure to comply with the notice may lead to punishment for contempt of court.