C1Part 1Persons who lack capacity
Powers of the court in relation to lasting powers of attorney
22Powers of court in relation to validity of lasting powers of attorney
1
This section and section 23 apply if —
a
a person (“P”) has executed or purported to execute an instrument with a view to creating a lasting power of attorney, or
b
an instrument has been registered as a lasting power of attorney conferred by P.
2
The court may determine any question relating to—
a
whether one or more of the requirements for the creation of a lasting power of attorney have been met;
b
whether the power has been revoked or has otherwise come to an end.
3
Subsection (4) applies if the court is satisfied—
a
that fraud or undue pressure was used to induce P—
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
“Donee” includes an intended donee.
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.
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)