Powers of Attorney Act, 1996
Application to joint and joint and several attorneys. |
14.—(1) An instrument which appoints more than one person to be an attorney may specify that the attorneys are appointed to act either jointly or jointly and severally. In default, the attorneys shall be deemed to have been appointed to act jointly. | |
(2) This Act, in its application to joint attorneys, applies to them collectively as it applies to a single attorney but subject to the modifications specified in subsection (3) and Part I of the Second Schedule . | ||
(3) Where two or more persons are appointed (or are deemed to have been appointed) to act jointly, then, in the case of the death, incapacity or disqualification of any one or more of them, the remaining attorney or attorneys may continue to act, whether solely or jointly as the case may be, unless the instrument creating the power expressly provides to the contrary. | ||
(4) This Act, in its application to joint and several attorneys, applies with the modifications specified in subsections (5) to (8) and in Part II of the Second Schedule . | ||
(5) A failure, as respects any other attorney, to comply with the provisions of section 5 and regulations made thereunder shall prevent the instrument from applying in that attorney's case without however affecting its efficacy as respects the other or others. | ||
(6) Where one or more but not both or all the attorneys makes or joins in making an application for registration of the instrument then— | ||
(a) an attorney who is not an applicant as well as one who is may act pending the determination of the application as provided in section 7 (2) (or under section 8 ); | ||
(b) notice of the application shall also be given under the First Schedule to the other attorney or attorneys; and | ||
(c) objection may validly be taken to the registration on a ground relating to an attorney or to the power of an attorney who is not an applicant as well as to one or the power of one who is an applicant. | ||
(7) The court shall not refuse under section 10 (4) to register an instrument because a ground of objection to an attorney or a power is established if an enduring power subsists as respects an attorney who is not affected thereby but shall give effect to it by the prescribed qualification of the registration. | ||
(8) The court shall not cancel the registration of an instrument under section 12 (4) in any of the circumstances specified in that subsection if an enduring power subsists as respects an attorney who is not affected thereby but shall give effect to it by the prescribed qualification of the registration. | ||
(9) In this section— | ||
“prescribed” means prescribed by rules of court; and | ||
“the requirements for the creation of enduring powers” means the provisions of section 5 other than subsections (5) to (10) and of regulations under subsection (2) of that section. |