Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 5 – Lasting Powers of Attorney

Chapter 1 - Lasting Powers of Attorney
Section 107 – Revocation etc: events relating to the attorney

This section details the events that can terminate the appointment of an attorney and revoke the LPA instrument or power. These are called “terminating events”. However, the LPA instrument or power will not be revoked by a terminating event if the attorney is one of two or more attorneys appointed by the LPA to act jointly and severally (in which case, the other attorney(s) can continue to act) or if the LPA instrument or power provides for replacement attorneys, who will then take over.

The terminating events include a disclaimer of appointment by the attorney. Also, the attorney may die or become bankrupt or, in the case of a trust corporation, be wound up or dissolved. Bankruptcy will not terminate an attorney’s appointment in so far as the appointment relates to the donor’s care, treatment and personal welfare.

Furthermore, if the bankruptcy is a result of an interim bankruptcy restrictions order, suspension of the attorney’s appointment and power to make decisions regarding the donor’s property and affairs is only for as long as the interim bankruptcy restrictions order has effect.

Further terminating events are the dissolution, annulment or judicial separation of a marriage or civil partnership between the donor and the attorney, but these do not revoke the instrument or power if the instrument or power states that it should not have that effect.

And finally, the lack of capacity of the attorney terminates the appointment.