Powers of Attorney Act 1980

The donee of an enduring power shall not retire without the leave of the Court.

The Public Trustee, the Public Guardian, an agent for the donor of an enduring power or any other person who has an interest in any property which may be dealt with by the donee of an enduring power may, at any time after the donor of the enduring power is legally incapacitated, apply to the Court for an order:

requiring the donee of the enduring power to file in the Court and serve on the applicant for the order, a copy of the records referred to in section 11; or

requiring records referred to in section 11 to be audited by an auditor appointed by the Court, and requiring a copy of the report of that auditor to be furnished to the Court and the applicant for the order; or

revoking or varying the terms of the instrument creating the enduring power in such manner as the Court thinks fit (including by the appointment of a substitute donee of the power); or

giving such orders to the donee of the power as the Court thinks fit for the purpose of facilitating a reasonable and workable

division of decision making authority between the donee and any agents for the donor of the power.

The Court has jurisdiction to make an order sought in an application under this section.

The power of the Court under subsection (3) includes the power to appoint the Public Trustee as a substitute donee.

An order or grant of leave under this section may be subject to such terms and conditions as the Court thinks fit.

In deciding whether to make an order under subsection (2)(c) or (d), the Court must take into account whether the donor of the enduring power has an advance personal plan (as defined in section 3 of the Advance Personal Planning Act 2013) and, if so, the terms of the plan (including as to any appointment of a decision maker).