48
NO. 22 OF 2008
- (a) would be ineffective as part of a lasting power of attorney; or
- (b) would prevent the instrument from operating as a valid lasting power of attorney.
(5) The court must—
- (a) notify the Public Guardian that it has severed the provision; or
- (b) direct him not to register the instrument.
(6) Where the court notifies the Public Guardian that it has severed a provision, he must register the instrument with a note to that effect attached to it.
Deputy already appointed
11.—(1) Sub-paragraph (2) applies if it appears to the Public Guardian that—
- (a) there is a deputy appointed by the court for the donor; and
- (b) the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney.
(2) The Public Guardian must not register the instrument unless the court directs him to do so.
Objection by donee or named person
12.—(1) Sub-paragraph (2) applies if a donee or a named person—
- (a) receives a notice under paragraph 5, 6 or 7 of an application for the registration of an instrument; and
- (b) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on the ground that an event mentioned in section 15(3) or (5)(a) to (d) has occurred which has revoked the instrument.
(2) If the Public Guardian is satisfied that the ground for making the objection is established, he must not register the instrument unless the court, on the application of the person applying for the registration—
- (a) is satisfied that the ground is not established; and
- (b) directs the Public Guardian to register the instrument.
(3) Sub-paragraph (4) applies if a donee or a named person—
- (a) receives a notice under paragraph 5, 6 or 7 of an application for the registration of an instrument; and
- (b) before the end of the prescribed period—
- (i) makes an application to the court objecting to the registration on a prescribed ground; and
- (ii) notifies the Public Guardian of the application.
