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).