Powers of Attorney Act, 1996

Coming into force and survival of enduring power.

7.—(1) Where an individual creates an enduring power of attorney—

(a) subject to subsection (2) and section 9 , the power shall not come into force until it has been registered under section 10 ; and

(b) the power shall not be revoked by the donor's subsequent mental incapacity.

(2) Where the attorney has made an application for registration of the instrument then, until the application has been determined, the attorney may take action under the power—

(a) to maintain the donor or prevent loss to the donor's estate,

(b) to maintain the attorney or other persons in so far as that is permitted under section 6 (4), or

(c) to make a personal care decision which cannot reasonably be deferred until the application has been determined.

(3) Where the attorney purports to act as provided by subsection (2) then, in favour of a person who deals with the attorney without knowledge that the attorney is acting otherwise than in accordance with that subsection, the transaction between them shall be as valid as if the attorney were acting in accordance therewith.