50Power to exercise certain powers vested in represented person

50 Power to exercise certain powers vested in represented person (1) An administrator may, on behalf and in the name of a represented person, exercise a power or give consent as the administrator thinks fit if— (a) the power is vested in a represented person for that person's own benefit or the consent of the represented person is necessary to the exercise of the power; and (b) the power or consent is in the nature of a beneficial interest in the represented person; and (c) the administrator believes exercising the power or giving the consent will benefit the represented person. (2) An administrator may, on behalf and in the name of a represented person, exercise a power or give consent as the administrator thinks fit if— (a) the power is vested in the represented person in the represented person's capacity as a trustee or guardian of a trust or the consent of the represented person to the exercise of a power is necessary in the represented person's capacity as a trustee or guardian of a trust; and (b) the administrator believes that the power should be exercised or that the consent should be given. (3) The exercise under this section by an administrator of a power vested in a represented person to appoint a new trustee is taken to be power to appoint a new trustee within the meaning of section 45 of the **Trustee Act 1958**.