• Specific Year
    Any

POWERS OF ATTORNEY AND AGENCY ACT 1984 - SECT 6

POWERS OF ATTORNEY AND AGENCY ACT 1984 - SECT 6

6—Enduring powers of attorney

        (1)         An enduring power of attorney may be created—

            (a)         by deed expressed to be made in pursuance of this section; or

            (b)         by deed containing words indicating an intention that the authority conferred is to be exercised—

                  (i)         notwithstanding the donor's subsequent legal incapacity; or

                  (ii)         in the event of the donor's subsequent legal incapacity.

        (2)         A deed is not effective to create an enduring power of attorney unless—

            (a)         the attesting witness to the deed, or, where there is more than one attesting witness, at least one of them, is a person authorised by law to take affidavits; and

            (b)         the deed has endorsed on it, or annexed to it, a statement of acceptance in the form set out in Schedule 2, or in a form to the same effect, executed by the person appointed to be the donee of the power.

        (3)         An act done by the donee of an enduring power of attorney in pursuance of the power during a period of legal incapacity of the donor of the power is as effective as if the donor were competent and not incapacitated.