Mental Capacity Act 2005
2005 CHAPTER 9
Commentary on Sections
Part 1: Persons Who Lack Capacity
Lasting powers of attorney
Section 14: Protection of donee and others if no power created or power revoked
64.This sets out the legal consequences when a registered LPA turns out to be invalid. There is similar provision in relation to EPAs in section 9 of the 1985 Act. Broadly, both attorneys and third parties are given protection from liability if they were unaware that the LPA was invalid or had come to an end.
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