Mental Capacity Act 2008 · 2020 Revised Edition · Part 4 · Lasting Powers of Attorney
15. Revocation of lasting powers of attorney, etc.
Feedback & supportLast amended by an amending law of 2021.
This section applies if —
P has executed an instrument with a view to creating a lasting power of attorney; or
a lasting power of attorney is registered as having been conferred by P,and in this section, references to revoking the power include revoking the instrument.
P may, at any time when P has capacity to do so, revoke the power.
P’s bankruptcy revokes the power so far as it relates to P’s property and affairs.
property
“property” includes any thing in action and any interest in real or personal property;
The occurrence in relation to a donee of an event mentioned in subsection (5) —
terminates the donee’s appointment; and
except in the cases given in subsection (6), revokes the power.
The events are —
the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made under this Act;
subject to subsection (7), the death or bankruptcy of the donee or, if the donee is a person other than an individual, its liquidation, winding up, dissolution or being under judicial management;
subject to subsection (8), the dissolution or annulment of a marriage between the donor and the donee;
the lack of capacity of the donee.
The cases mentioned in subsection (4)(b) are —
the donee is replaced under the terms of the instrument;
the donee is one of 2 or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee.
The bankruptcy of a donee does not terminate the donee’s appointment, or revoke the power, insofar as the donee’s authority relates to P’s personal welfare.
The dissolution or annulment of a marriage between the donor and the donee does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so.
A donor who revokes a lasting power of attorney must notify all the following persons that the donor has done so:
lasting power of attorney
“lasting power of attorney” has the meaning given by section 11;
the Public Guardian; (b)the donee or (if there is more than one donee) every donee.