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50
NO. 22 OF 2008


(b) the donee or, if more than one, each of them.

Direction by court to cancel registration

17. The court must direct the Public Guardian to cancel the registration of an instrument as a lasting power of attorney if it —

(a) determines under section 17(2)(a) that a requirement for creating the power was not met;
(b) determines under section 17(2)(b) that the power has been revoked or has otherwise come to an end; or
(c) revokes the power under section 17(4)(b).

Circumstances for severance or cancellation

18.—(1) Sub-paragraph (2) applies if the court determines under section 18(1) that a lasting power of attorney contains a provision which—

(a) is ineffective as part of a lasting power of attorney; or
(b) prevents the instrument from operating as a valid lasting power of attorney.

(2) The court must—

(a) notify the Public Guardian that it has severed the provision; or
(b) direct him to cancel the registration of the instrument as a lasting power of attorney.

Delivery of instrument

19. On the cancellation of the registration of an instrument, the instrument and any office copies of it must be delivered up to the Public Guardian to be cancelled.

PART IV
RECORDS OF ALTERATIONS IN REGISTERED POWERS

Partial revocation or suspension of power as a result of bankruptcy

20. If in the case of a registered instrument it appears to the Public Guardian that under section 15 a lasting power of attorney is revoked, or suspended, in relation to the donor’s property and affairs (but not in relation to other matters), the Public Guardian must attach to the instrument a note to that effect.

Termination of appointment of donee which does not revoke power

21. If in the case of a registered instrument it appears to the Public Guardian that an event has occurred—

(a) which has terminated the appointment of the donee; but