Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of section 67 of Principal Act

55. The Principal Act is amended by the substitution of the following section for section 67:

“Function of court prior to acceptance of notification

67. On application to it by any interested party, the court may, where it has reason to believe that the donor of an enduring power of attorney that has been registered under section 69 lacks capacity in relation to one or more relevant decisions, exercise any power which would become exercisable under section 77(3) on the acceptance by the Director under section 71C of a notification under section 71A and the court may do so whether or not the attorney concerned has so notified the Director.”.