Assisted Decision-Making (Capacity) Act 2015

F101[Effect and proof of acceptance by Director of notification

71D

71D. (1) The effect of the acceptance by the Director under section 71C of a notification under section 71A is that—

(a) no purported revocation of the enduring power of attorney by the donor shall be valid unless the Director recognises a written notice of revocation under section 73A,

(b) no resignation by an attorney from his or her role as attorney under the enduring power shall be valid except on notice to the donor and with the consent of the court under section 74(3), and

(c) subject to section 73A, the donor may not extend or restrict the scope of the authority conferred by him or her in the enduring power and no consent or instruction given by the donor after acceptance by the Director under section 71C of a notification under section 71A shall, in the case of a consent, confer any right and in the case of an instruction, impose or confer any obligation or right on or create any liability of the attorney or other persons having notice of the consent or instruction.

(2) Subsection (1) applies for as long as the acceptance of the notification is in force.]

Annotations:

Amendments:

F101

Inserted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 59, S.I. No. 194 of 2023.