Mental Capacity Act 2005
2005 CHAPTER 9
Commentary on Sections
Part 1: Persons Who Lack Capacity
Powers of the court in relation to lasting powers of attorney
Section 22: Powers of court in relation to validity of lasting powers of attorney
80.This section and section 23 set out what the Court of Protection can do in relation to LPAs. The powers are similar to those in section 8 of the Enduring Powers of Attorney Act 1985, except that administrative functions connected with registration will be performed by the Public Guardian.
81.The court can determine questions about validity and revocation (subsection (2)). It can direct that an instrument should not be registered or (if it is unregistered) revoke it on the grounds set out in subsection (3) (fraud or undue pressure, or misbehaviour by the attorney).
82.Subsection (5) provides that where there is more than one donee the court may revoke the instrument or the LPA so far as it relates to any of them.
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