Page:Mental Capacity Act 2008.pdf/15

16 Scope of lasting powers of attorney: gifts

14.—(1) Where a lasting power of attorney confers authority to make decisions about P’s property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor’s property by making gifts except to the extent permitted under subsections (2) and (3).

(2) The donee may make gifts if, and only if, the lasting power of attorney contains express authorisation to that effect.

(3) Where the express authorisation in the lasting power of attorney does not specify the value of the gift or gifts to be made, the donee—
 * (a) may make a gift or gifts of such value which are not unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate; and
 * (b) must have regard to the principle in section 6(6).

(4) Subsection (3) is without prejudice to section 11(4).

Revocation of lasting powers of attorney, etc.

15.—(1) This section applies if—
 * (a) P has executed an instrument with a view to creating a lasting power of attorney; or
 * (b) a lasting power of attorney is registered as having been conferred by P,

and in this section, references to revoking the power include revoking the instrument.

(2) P may, at any time when he has capacity to do so, revoke the power.

(3) P’s bankruptcy revokes the power so far as it relates to P’s property and affairs.

(4) The occurrence in relation to a donee of an event mentioned in subsection (5)—
 * (a) terminates his appointment; and
 * (b) except in the cases given in subsection (6), revokes the power.