Another Legal Question

[CYNthesys]

A security power is a power of attorney that is expressed to be irrevocable and is
given to secure: — a proprietary interest of the attorney; or
the performance of an obligation owed to the attorney.

While the donee has the interest or until the obligation is discharged the donor can only revoke the power with the attorney's consent and the death, bankruptcy or mental incapacity of the donor does not revoke it.

Whilst mental incapacity does not revoke this type of power of attorney, does anyone know what legal limitations there are on the attorney's enforcement powers if the donor is mentally incapacitated.

[Nattie]

Re: Another Legal Question

cyn, will have a root around

[strangewayofsavin]

Re: Another Legal Question

As stated in question 1, would this not be dependant on the mental history of the donor?
If the person was in good mental state when signing the agreement, then there is not a great deal of chance, in over turning their wish when clinically sane (for want of a better word).
But if the mental condition was a progressive one then it could be argued, that the person was not clinacally sane when signing, then it would be easily over turned.