Quick Clarification.

I've previously stated that the only way that my application can be thrown out by the Court of Protection is by the Judge accepting that an error occurred but using their discretion to rule that error as not relevant to the outcome.

I've now re-read the Mental Capacity Act 2005 and the relevant section; Schedule 1, Part 3, Section 18 (a) states;

"The court MUST direct the Public Guardian to cancel the registration of an instrument as a lasting power of attorney if it—

(a)determines under section 22(2)(a) that a requirement for creating the power was not met,"

The use of the word "Must" means that if the Court finds that an error has occurred they cannot use their discretion to overlook that error. There is an absolute outside chance that the Court may rule that an error hasn't occurred but the way proceedings have been carried out would indicate that the occurrence of an error is a matter of indisputable fact.


Therefore the legal position is even more clear then I originally thought. On November 3rd 2010 the Court of Protection has no option other then to revoke the Lasting Powers of Attorney.