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Version status: In force | Document consolidation status: No known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

62. Insertion of new section 73A into Principal Act

The Principal Act is amended by the insertion of the following new section after section 73:

"73A. Provisions regarding where donor regains capacity after acceptance by Director of notification

(1) The following persons:

(a) the donor;

(b) on the written request of the donor to act on his or her behalf, the attorney;

(c) on the written request of the donor to act on his or her behalf, any of the persons referred to in paragraphs (a) to (j) of section 71A(3) (other than those to whom subsections (4) and (5) of that section relate);

(d) on the written request of the donor to act on his or her behalf, any other person who appears to the Director to have sufficient interest or expertise in the welfare of the donor,

may, after the acceptance by the Director under section 71C of a notification under section 71A -

(i) request the Director to rescind his or her acceptance as a result of the donor having regained capacity, or

(ii) request the Director to rescind his or her acceptance as a result of the donor having regained capacity and to recognise the revocation by the donor of the instrument creating the enduring power.

(2) A request under paragraph (i) or (ii), as the case may be, of subsection (1), shall be in the form specified by the Director under section 79A and shall be accompanied by -