Section 97 — Protection of Personal and Property Rights Act 1988: Enduring power of attorney in relation to property

97 Enduring power of attorney in relation to property (1) A donor of an enduring power of attorney may authorise the attorney to act generally in relation to the whole or a specified part of the donor's affairs in relation to his or her property, or to act in relation to specified things on the donor's behalf, and in either case such authorisation may be given subject to conditions and restrictions. (2) Where a donor of an enduring power of attorney authorises the attorney to act generally in relation to the whole or a specified part of the donor's affairs in relation to the donor's property, the attorney shall have authority to do anything on behalf of the donor that the donor can lawfully do by an attorney, but subject to sections 100 and 107 of this Act and to any conditions or restrictions contained in the enduring power of attorney. (3) Where a donor of an enduring power of attorney has become mentally incapable, the attorney shall be authorised to make an application under section 122 of the Land Transfer Act 1952 to have a transmission registered where the attorney believes that the donor is entitled to any estate or interest in land by virtue of that transmission, and a District Land Registrar is authorised to accept such an application notwithstanding the fact that the attorney is not the person claiming to be entitled to the estate or interest in land. (4) A donor of an enduring power of attorney may— (a) authorise the enduring power of attorney to have effect while the donor is mentally capable and to continue to have effect if the donor becomes mentally incapable; or (b) authorise the enduring power of attorney to have effect only if the donor becomes mentally incapable. (5) If subsection (4)(b) applies, the attorney must not act in relation to the donor's property unless a relevant health practitioner has certified, or the Court has determined, that the donor is mentally incapable. Subsection (3) was inserted, as from 1 July 1994, by section 11 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54). Section 97(4): added, on 25 September 2008, by section 9 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90). Section 97(5): added, on 25 September 2008, by section 9 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).