Powers of Attorney Act 2003

This section applies to—

a protected power of attorney, and

a power of attorney the principal under which is for the time being incommunicate.

Where, on application by the principal under a power of attorney, it appears to the Court to be for the principal’s benefit, the Court may, on the principal’s behalf, by order—

remove a person from office as attorney,

appoint a person to fill a vacancy in the office of attorney,

with the consent of the attorney and of any other interested person—

alter the scope of the power,

otherwise alter the instrument creating the power, or

alter the rights and duties of the principal and the attorney between themselves,

direct an attorney to furnish accounts and other information to the Court or to a person approved by the Court, or

revoke the power.

For the purposes of subsection (2) (b), a vacancy in the office of attorney occurs in any of the following events—

renunciation of the power by an attorney,

removal of an attorney by the principal or with the principal’s authority, or by the Court under subsection (2),

disability of an attorney,

death of an attorney,

where an attorney is a corporation, liquidation or dissolution of the corporation,

other event personal to an attorney whereby the attorney’s authority is terminated.

Where the Court makes an order directing an attorney to furnish accounts or other information under subsection (2) (d), the Court may make further orders for—

preventing unnecessary disclosure of the attorney, and

inquiry and report on the conduct of the attorney.

The Court may revoke a power of attorney under subsection (2) (e) notwithstanding anything in the instrument creating the power, but otherwise subsections (2), (3) and (4) apply only if and so far as a contrary intention is not expressed in the instrument creating the power, and shall have effect subject to the terms of the instrument creating the power.

A removal, appointment, alteration or revocation under subsection (2) (a), (b), (c) and (e) shall have effect as if done in due form by the principal, and as if the principal were of full capacity and were, so far as necessary, authorised to do the thing in question by the instrument creating the power.

This section has effect subject to section 160.