Section 106 — Protection of Personal and Property Rights Act 1988: Circumstances in which enduring power of attorney shall cease to have effect

106 Circumstances in which enduring power of attorney shall cease to have effect (1) An enduring power of attorney shall cease to have effect when— (a) The donor, by notice in writing to the attorney, revokes the power while mentally capable of doing so; or (b) The donor dies; or (c) The attorney gives notice of disclaimer in accordance with section 104 of this Act; or (d) The attorney dies, or is adjudged bankrupt, or becomes a special or committed patient under the Mental Health Act 1969, or becomes subject to a personal order or a property order, or otherwise becomes incapable of acting; or (e) In the case of an enduring power of attorney that appoints more than one attorney with joint but not several authority, one of the attorneys dies, or is adjudged bankrupt, or becomes a special or committed patient under the Mental Health Act 1969, or becomes subject to a personal order or a property order, or otherwise becomes incapable of acting; or (f) A Court revokes the appointment of the attorney pursuant to section 105 of this Act. (2) In any case where the enduring power of attorney provides for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another, the provisions of paragraphs (c) to (f) of subsection (1) of this section shall apply only in respect of the last such attorney. Section 106(1)(a): amended, on 25 September 2008, by section 21 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).