MENTAL CAPACITY
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- (b) an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with the First Schedule; and
- (c) at the time when P executes the instrument, P has attained the age of 21 years and has capacity to execute it.
(3) An instrument which—
- (a) purports to create a lasting power of attorney; but
- (b) does not comply with this section, section 12 or the First Schedule,
confers no authority.
(4) The authority conferred by a lasting power of attorney is subject to—
- (a) the provisions of this Act and, in particular, sections 3 (the principles) and 6 (best interests); and
- (b) any conditions or restrictions specified in the instrument.
Appointment of donees
12.—(1) A donee of a lasting power of attorney must be—
- (a) an individual who has attained the age of 21 years; or
- (b) if the power relates only to P’s property and affairs, either such an individual, or a person other than an individual who is within a class of persons prescribed as being eligible to be appointed as donees.
(2) A person who is an undischarged bankrupt may not be appointed as donee of a lasting power of attorney in relation to P’s property and affairs.
(3) Subsections (4) to (7) apply in relation to an instrument under which 2 or more persons are to act as donees of a lasting power of attorney.
(4) The instrument may appoint them to act—
- (a) jointly;
- (b) jointly and severally; or
- (c) jointly in respect of some matters and jointly and severally in respect of others.
