POWERS OF ATTORNEY AND AGENCY ACT 1984 - SECT 6
POWERS OF ATTORNEY AND AGENCY ACT 1984 - SECT 6
(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.