Page:Mental Capacity Act 2008.pdf/16

Rh (5) The events are—
 * (a) the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made under this Act;
 * (b) subject to subsection (7), the death or bankruptcy of the donee or, if the donee is a person other than an individual, its liquidation, winding-up, dissolution or being under judicial management;
 * (c) subject to subsection (8), the dissolution or annulment of a marriage between the donor and the donee;
 * (d) the lack of capacity of the donee.

(6) The cases referred to in subsection (4)(b) are—
 * (a) the donee is replaced under the terms of the instrument;
 * (b) he is one of 2 or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee.

(7) The bankruptcy of a donee does not terminate his appointment, or revoke the power, in so far as his authority relates to P’s personal welfare.

(8) The dissolution or annulment of a marriage between the donor and the donee does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so.

Protection of donee and others if no power created or power revoked

16.—(1) Subsections (2) and (3) apply if—
 * (a) an instrument has been registered under the First Schedule as a lasting power of attorney; but
 * (b) a lasting power of attorney was not created,

whether or not the registration has been cancelled at the time of the act or transaction in question.

(2) A donee who acts in purported exercise of the power does not incur any liability (to P or any other person) because of the non-existence of the power unless at the time of acting he—
 * (a) knows that a lasting power of attorney was not created; or