Assisted Decision-Making (Capacity) Act 2015

Effect and proof of registration

70. (1) The effect of the registration of an instrument creating an enduring power of attorney is that—

(a) no revocation of the enduring power of attorney by the donor shall be valid unless the court confirms the revocation under section 73 (6),

(b) no disclaimer of the enduring power shall be valid except on notice to the donor and with the consent of the court, and

(c) the donor may not extend or restrict the scope of the authority conferred by him or her in the enduring power and no consent or instruction given by the donor after registration of the instrument shall, in the case of a consent, confer any right and in the case of an instruction, impose or confer any obligation or right on or create any liability of the attorney or other persons having notice of the consent or instruction.

(2) Subsection (1) applies for so long as the instrument is registered whether or not the donor has for the time being capacity.