Powers of Attorney Act, 1996

Functions of court with respect to registered power.

12.—(1) Where an instrument has been registered the court shall, on application to it by the donor, the attorney or any other interested party, as the case may be, have the functions set out in subsections (2) to (6).

(2) The court may—

(a) determine any question as to the meaning or effect of the instrument;

(b) give directions with respect to—

(i) the management or disposal by the attorney of the property and affairs of the donor;

(ii) the rendering of accounts by the attorney and the production of the records kept by the attorney for that purpose;

(iii) the remuneration or expenses of the attorney, whether or not in default of or in accordance with any provision made by the instrument, including directions for the repayment of excessive, or the payment of additional, remuneration;

(iv) a personal care decision made or to be made by the attorney;

(c) require the attorney to furnish information or produce documents or things in his or her possession as attorney;

(d) give any consent or authorisation to act which the attorney would have to obtain from a mentally capable donor;

(e) authorise the attorney to act for the attorney's own benefit or that of other persons than the donor otherwise than inaccordance with section 6 (4) and (5) (but subject to any conditions or restrictions contained in the instrument);

(f) where appropriate, relieve the attorney wholly or partly from any liability incurred or which may have been incurred on account of a breach of duty as attorney.

(3) On application on notice to the attorney made for the purpose by or on behalf of the donor, the court shall confirm the revocation of the power if satisfied that the donor has done whatever is necessary in law to effect an express revocation of the power and was mentally capable of revoking a power of attorney at the time of the purported revocation.

(4) The court may cancel the registration of an instrument in any of the following circumstances, that is to say—

(a) on confirming the revocation of the power under subsection(3) or consenting to a disclaimer under section 11 (1) (b);

(b) on giving a direction revoking the power on exercising any of its powers under the Lunacy Regulation (Ireland) Act, 1871 ;

(c) on being satisfied that the donor is and is likely to remain mentally capable;

(d) on being satisfied that the power has ceased to be in force by the death or adjudication in bankruptcy of the donor or by virtue of subsection (7) or (9) of section 5 or by the death or mental incapacity of the attorney or by virtue of section 5 (6);

(e) on being satisfied that the power was not a valid and subsisting enduring power when registration was effected;

(f) on being satisfied that, having regard to all the circumstances, the attorney is unsuitable to be the donor's attorney;

(g) on being satisfied that fraud or undue pressure was used to induce the donor to create the power; or

(h) for any other good and sufficient reason.

(5) Where the court cancels the registration of an instrument on being satisfied of the matters specified in paragraph (f) or (g) of subsection (4) it shall by order revoke the power created by the instrument.

(6) On the cancellation of the registration of an instrument under subsection (4) (other than paragraph (c)) the instrument shall be delivered up to be cancelled, unless the court otherwise directs.