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Enduring Powers of Attorney Act 1985 (29)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
3
(1) . . .
(2) Where an instrument is expressed to confer general authority on the attorney it operates to confer, subject to the restriction imposed by subsection (5) below and to any conditions or restrictions contained in the instrument, authority to do on behalf of the donor anything which the donor can lawfully do by an attorney.
(3) . . . . .
(4) Subject to any conditions or restrictions contained in the instrument, an attorney under an enduring power, whether general or limited, may (without obtaining any consent) act under the power so as to benefit himself or other persons than the donor to the following extent but no further, that is to say:
(a) He may so act in relation to himself or in relation to any other person if the donor might be expected to provide for his or that person's needs respectively; and
(b) He may do whatever the donor might be expected to do to meet those needs
11
(1) An instrument which appoints more than one person to be an attorney cannot create an enduring power unless the attorneys are appointed to act jointly or jointly and severally.
13:--
(2) Any question arising under or for the purposes of this act as to what the donor of the power might at any time be expected to do shall be determined by assuming he had full mental capacity at the time but otherwise by reference to the circumstances existing at that time.
