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Changes over time for: Section 111
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Mental Capacity Act (Northern Ireland) 2016, Section 111 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole
Act associated Parts and Chapters:
Whole provisions yet to be inserted into this
Act (including any effects on those provisions):
Prospective
Powers of court as to operation of lasting powers of attorneyN.I.
This
adran has no associated
Nodiadau Esboniadol
111—(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).
Yn ôl i’r brig