PART 5LASTING POWERS OF ATTORNEY

Powers of the court

111Powers of court as to operation of lasting powers of attorney

1

The court may determine any question as to the meaning or effect of a lasting power of attorney or an instrument purporting to create one.

2

The court may—

a

give directions with respect to decisions—

i

which an attorney under a lasting power of attorney has authority to make; and

ii

which the donor lacks capacity to make;

b

give any consent or authorisation to act which an attorney under a lasting power of attorney would have to obtain from the donor if the donor had capacity to give it.

3

The court may, if the donor of a lasting power of attorney lacks capacity to do so—

a

give directions to an attorney with respect to the rendering by the attorney of reports or accounts and the production of records kept by the attorney for that purpose;

b

require an attorney (“A”) to supply information or produce documents or things in A’s possession as attorney;

c

give directions with respect to the remuneration or expenses of an attorney;

d

relieve an attorney wholly or partly from any liability which the attorney has or may have incurred on account of a breach of a duty as attorney.

4

The court may authorise the making of gifts, under a lasting power of attorney, which are not within section 100(2) (permitted gifts).