216. Acts done in pursuance of invalid power.

Where an instrument which did not create a valid enduring power of attorney1 has been registered2, an attorney who acts in pursuance of the power does not incur any liability, either to the donor or to any other person, by reason of the non-existence of the power unless at the time of acting he knows that:

  1.  

    (1)     the instrument did not create a valid enduring power3;

  2.  

    (2)     an event has occurred which, if the instrument had created a valid enduring power, would have had the effect of revoking the power

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