C1Part 1Persons who lack capacity

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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.