Page:Mental Capacity Act 2008.pdf/48

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MENTAL CAPACITY
49


(4) The Public Guardian must not register the instrument unless the court directs him to do so.

Objection by donor

13.—(1) This paragraph applies if the donor—

(a) receives a notice under paragraph 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.

(2) The Public Guardian must not register the instrument unless the court, on the application of the donee or, if more than one, any of them —

(a) is satisfied that the donor lacks capacity to object to the registration; and
(b) directs the Public Guardian to register the instrument.

Registration

14. Where an instrument is registered under this Schedule, the Public Guardian must give notice of the fact in the prescribed form to—

(a) the donor; and
(b) the donee or, if more than one, each of them.

Evidence of registration

15. A document duly certified by the Public Guardian as a copy of an instrument registered under this Schedule is prima facie evidence of—

(a) the contents of the instrument; and
(b) the fact that it has been registered.

PART III
CANCELLATION OF REGISTRATION AND NOTIFICATION OF SEVERANCE

Cancellation of registration

16.—(1) The Public Guardian must cancel the registration of an instrument as a lasting power of attorney on being satisfied that the power has been revoked—

(a) as a result of the donor’s bankruptcy; or
(b) on the occurrence of an event mentioned in section 15(5)(a) to (d).

(2) If the Public Guardian cancels the registration of an instrument, he must notify—

(a) the donor; and