In force2020 Revised Edition

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Mental Capacity Act 2008 · 2020 Revised Edition · Part 4 · Lasting Powers of Attorney

18. Powers 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 the donee of reports or accounts and the production of records kept by the donee for that purpose;

(b)

require the donee to supply information or produce documents or things in the donee’s 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 the donee has or may have incurred on account of a breach of the donee’s duties as donee.

(4)

The court may authorise the making of gifts which are not within section 14(3).

(5)

Where 2 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.