Section 102 — Protection of Personal and Property Rights Act 1988: Court's jurisdiction in respect of an enduring power of attorney

102 Court's jurisdiction in respect of an enduring power of attorney (1) A Court shall have jurisdiction to determine— (a) Whether or not any instrument is an enduring power of attorney; or (b) Whether or not the donor of an enduring power of attorney is mentally incapable. (2) A Court shall have jurisdiction to do all or any of the following things in respect of an enduring power of attorney where the donor has become mentally incapable: (a) Determine any question as to the meaning or effect of the instrument by which the power is given: (b) Determine whether or not any such instrument has ceased to have effect: (c) Give directions with respect to— (i) The management or disposal by the attorney of the property and affairs of the donor; or (ii) The rendering of accounts by the attorney and the production of the records kept by the attorney for the purpose; or (iii) The remuneration or expenses of the attorney, whether or not in default of or in accordance with any provision made by the instrument, including directions for the repayment of excessive, or the payment of additional, remuneration; or (iv) Any matter relating to the personal care and welfare of the donor: (v) Any other matter on which the directions of the Court are sought under section 101 of this Act: (d) Modify the scope of the enduring power of attorney by including or excluding— (i) Part of the donor's affairs in relation to his or her property, or any powers relating to any such affairs; or (ii) Any specific matters in relation to the donor's personal care and welfare, or any powers relating to any such matters, not being a matter referred to in section 98(4) of this Act: (e) Require the attorney to furnish information or produce documents or things in his or her possession as attorney: (f) Give any consent or authorisation to act that the attorney would have to obtain from the donor if the donor were mentally capable: (g) Authorise the attorney to act, otherwise than in accordance with section 107 of this Act, to the benefit of the attorney or persons other than the donor, but subject to any conditions or restrictions contained in the instrument: (ga) authorise the attorney to make any loan or advance of the donor's property subject to— (i) any conditions that the Court considers appropriate; and (ii) any conditions or restrictions contained in the instrument: (h) Determine whether the donor of the power was induced by undue influence or fraud to create the power: (i) Determine whether, having regard to all the circumstances and, in particular, the attorney's relationship with the donor, the attorney is suitable to be the donor's attorney. (j) authorise an attorney acting under an enduring power of attorney in relation to a donor's property to execute a will for and on behalf of the donor if the Court is satisfied that— (i) the donor lacks testamentary capacity; and (ii) there is no express provision to the contrary in the enduring power of attorney. (2A) For the purposes of any application for the exercise of the Court's jurisdiction under subsection (2)(j), section 55 applies as if every reference to a manager were a reference to the attorney, and every reference to a person subject to a property order were a reference to the donor. (3) Nothing in the foregoing provisions of this section shall limit or affect the jurisdiction of any other court. Section 102(2)(c)(v): amended, on 25 September 2008, by section 16(1) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90). Section 102(2)(ga): inserted, on 25 September 2008, by section 16(2) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90). Section 102(2)(j): added, on 25 September 2008, by section 16(3) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90). Section 102(2A): inserted, on 25 September 2008, by section 16(4) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).