Part 1Persons who lack capacity
Powers of the court in relation to lasting powers of attorney
23Powers of court in relation 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 the donee of a lasting power of attorney has authority to make, and
ii
which P lacks capacity to make;
b
give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it.
3
The court may, if P lacks capacity to do so—
a
give directions to the donee with respect to the rendering by him of reports or accounts and the production of records kept by him for that purpose;
b
require the donee to supply information or produce documents or things in his possession as donee;
c
give directions with respect to the remuneration or expenses of the donee;
d
relieve the donee wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as donee.
4
The court may authorise the making of gifts which are not within section 12(2) (permitted gifts).
5
Where two or more donees are appointed under a lasting power of attorney, this section applies as if references to the donee were to all or any of them.