Powers of Attorney Act, 1996


10.—(1) On an application for registration being made in compliance with section 9 the Registrar of Wards of Court shall, unless subsection (2) applies, register the instrument to which the application relates.

(2) If, in the case of an application for registration—

(a) a valid notice of objection to the registration pursuant to subsection (3) from a person to whom an attorney has given notice pursuant to paragraph 2 (1) of the First Schedule is received by the court before the expiry of the period of five weeks beginning with the date on which that notice was given,

(b) it appears from the application that there is no one to whom notice has been given under paragraph 2 of that Schedule, or

(c) there is reason to believe that appropriate enquiries might bring to light evidence on which the court could be satisfied that one of the grounds of objection set out in subsection (3) was established,

the court shall neither register the instrument nor refuse the application until it has made or caused to be made such enquiries (if any) as it thinks appropriate in the circumstances of the case.

(3) For the purposes of this Act a notice of objection to the registration of an instrument is valid if the objection is made on one or more of the following grounds, namely—

(a) that the power purported to have been created by the instrument was not valid;

(b) that the power created by the instrument is no longer a valid and subsisting power;

(c) that the donor is not or is not becoming mentally incapable;

(d) that, having regard to all the circumstances, the attorney is unsuitable to be the donor's attorney;

(e) that fraud or undue pressure was used to induce the donor to create the power.

(4) The court may refuse the application on any of the grounds of objection set out in subsection (3).

(5) (a) Where an instrument differs in an immaterial respect in form or mode of expression from the form prescribed by regulations under section 5 (2) (a) the instrument shall be treated as sufficient in point of form and expression.

(b) The court may, notwithstanding that an instrument may not comply with the provisions of section 5 or regulations made thereunder, register the instrument as an enduring power if it is satisfied—

(i) that the donor intended the power to be effective during any mental incapacity of the donor,

(ii) that the power was not executed as a result of any fraud or undue pressure,

(iii) that the attorney is suitable to be the donor's attorney, and

(iv) that it is desirable in the interests of justice so to register the instrument.

(6) Where at the time of the application for registration there is in force under the Lunacy Regulation (Ireland) Act, 1871 , an order appointing a committee of the estate of the donor but the power created by the instrument has not also been revoked, the court shall make such order as seems to it proper in the circumstances including, if appropriate, an order revoking the order already made under the said Act.