MENTAL CAPACITY
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- (i) to execute an instrument for the purpose of creating a lasting power of attorney; or
- (ii) to create a lasting power of attorney; or
- (b) that the donee (or, if more than one, any of them) of a lasting power of attorney—
- (i) has behaved, or is behaving, in a way that contravenes his authority or is not in P’s best interests; or
- (ii) proposes to behave in a way that would contravene his authority or would not be in P’s best interests.
(4) The court may—
- (a) direct that an instrument purporting to create the lasting power of attorney is not to be registered; or
- (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.
(5) If there is more than one donee, the court may under subsection (4)(b) revoke the instrument or the lasting power of attorney so far as it relates to any of them.
(6) In this section, “donee” includes an intended donee.
Powers of court in relation to operation of lasting powers of attorney
18.—(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.
