Protection of Personal and Property Rights Act 1988

106 Circumstances in which enduring power of attorney ceases to have effect

(1)

An enduring power of attorney shall cease to have effect when—

(a)

the donor, by notice in writing to the attorney, revokes the power while mentally capable of doing so; or

(ab)

it is revoked by notice given in the manner set out in section 95A to the attorney or attorneys; or

(b)

the donor dies; or

(ba)

the donor, by notice in writing to the attorney, revokes the appointment of the attorney while mentally capable of doing so; or

(bb)

in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, the donor, by notice in writing to one of the attorneys, revokes the appointment of that attorney while mentally capable of doing so; or

(c)

the attorney gives notice of disclaimer in accordance with section 104; or

(d)

the attorney dies, or is adjudged bankrupt, or becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, or becomes subject to a personal order or a property order, or otherwise becomes incapable of acting; or

(e)

in the case of an enduring power of attorney that appoints more than 1 attorney with joint but not several authority, one of the attorneys dies, or is adjudged bankrupt, or becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, or becomes subject to a personal order or a property order, or otherwise becomes incapable of acting; or

(ea)

in the case of an enduring power of attorney that appoints more than 1 attorney with several authority or with joint and several authority, the last remaining attorney—

(i)

has his or her appointment revoked by the donor under section 106A(1); or

(ii)

dies, is adjudged bankrupt, becomes subject to compulsory treatment or a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992, is subject to a personal order or a property order, or otherwise becomes incapable of acting; or

(f)

a court revokes the appointment of the attorney pursuant to section 105.

(2)

In any case where the enduring power of attorney provides for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another, subsection (1)(ba) to (f) applies only in respect of the last such attorney.

Section 106 heading: amended, on 16 March 2017, by section 81(1) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(a): amended, on 25 September 2008, by section 21 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 106(1)(ab): inserted, on 16 March 2017, by section 81(2) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(ba): inserted, on 16 March 2017, by section 81(3) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(bb): inserted, on 16 March 2017, by section 81(3) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(d): amended, on 16 March 2017, by section 81(4) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(e): amended, on 16 March 2017, by section 81(4) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(1)(ea): inserted, on 16 March 2017, by section 81(5) of the Statutes Amendment Act 2016 (2016 No 104).

Section 106(2): amended, on 16 March 2017, by section 81(6) of the Statutes Amendment Act 2016 (2016 No 104).