Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraphs 106 to 108 - Enduring Powers of Attorney Act 1985 (c. 29)
1006.The Enduring Powers of Attorney Act 1985 provides that where an enduring power of attorney is created, the power shall not be revoked by the subsequent mental incapacity of the person creating it. Paragraph 106 amends section 3(5)(a) of the Act, which enables an attorney to make gifts of a seasonal nature or at a time, or on an anniversary, of a birth or marriage on behalf of the mentally incapacitated person, so that it also extends to the time or anniversary of the formation of a civil partnership. Paragraph 107 amends the provisions in Schedule 1 to the Act which require an attorney, before he applies for the power to be registered (which he is required to do when he considers that the donor is or is becoming mentally incapable), to notify relatives of the person who created the enduring power of attorney, so as to include civil partners in the list of relatives so entitled. Paragraph 108 states that paragraphs 106 and 107 apply in relation to the enduring powers of attorney created both before and after the passing of the Civil Partnership Act.