The 'best interests' test in s 25G(c) of the Guardianship Act 1987 means what is for the benefit of the incapable person personally, not for the benefit of family, friends or estate. A power of attorney authorising the donee to confer benefits on himself (under s 163B(2)(b) of the Conveyancing Act 1919) does not negate the donee's fiduciary duty to the donor; the authority to bind the donor vis-à-vis third parties is a separate question from accountability to the donor. Even where the incapable person consented to arrangements before incapacity, the question whether those arrangements should continue is one of fact and degree for the Tribunal.
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