Assisted Decision-Making (Capacity) Act 2015
Removal of instrument from the Register
78. (1) The Director shall remove from the Register an instrument creating an enduring power of attorney where—
(a) there has been a revocation in accordance with F116[section 73A], or
(b) subject to subsection (2), the attorney appointed under the instrument becomes F116[disqualified, dies, resigns from his or her role as attorney or is unable to act].
F116[(2) In the circumstances described in subsection (1)(b), where there is at least one attorney remaining due to—
(a) the donor having appointed more than one attorney under an enduring power of attorney, or
(b) the donor having specified a person to act as attorney for him or her in the event that the attorney on whom the authority is conferred is disqualified, dies, resigns from his or her role as attorney or is unable to act,
the Director shall not remove the instrument from the Register, but shall note on the Register in connection with the power concerned the disqualification, death, resignation or inability to act, as the case may be.]
Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 67(a)(i), (ii), (b), S.I. No. 194 of 2023.