36Interested persons may apply for review

#### 36 Interested persons may apply for review 36 Interested persons may apply for review (cf 1919 No 6, s 163G) > > (1) Tribunal may review making or operation and effect of power A review tribunal may, on the application of an interested person, decide to review the making, revocation or the operation and effect of a reviewable power of attorney or not to carry out such a review. > > > (2) As a consequence of reviewing the making, revocation or operation and effect of a reviewable power of attorney, a review tribunal may decide whether or not to make an order under this section. > > > (3) Orders relating to making of power of attorney A review tribunal may make either or both of the following orders with respect to the making of a power of attorney— > > > > > (a) an order declaring that the principal did or did not have mental capacity to make a valid power of attorney, > > > > > (b) an order declaring that the power of attorney is invalid (either in whole or in part) if the tribunal is satisfied— > > > > > > > (i) the principal did not have the capacity necessary to make it, or > > > > > > > (ii) the power of attorney did not comply with the other requirements of this Act applicable to it, or > > > > > > > (iii) the power of attorney is invalid for any other reason, for example, the principal was induced to make it by dishonesty or undue influence. > > > (3A) Orders relating to revocation of power of attorney A review tribunal may make either or both of the following orders with respect to the revocation of a power of attorney— > > > > > (a) an order declaring that the principal did or did not have mental capacity to revoke a power of attorney, > > > > > (b) an order declaring that the power of attorney remains valid (either in whole or in part) if the tribunal is satisfied— > > > > > > > (i) the principal did not have the capacity necessary to revoke it, or > > > > > > > (ii) the revocation is invalid for any other reason, for example, the principal was induced to make the revocation by dishonesty or undue influence. > > > (4) Orders relating to operation and effect of power A review tribunal may, if satisfied that it would be in the best interests of the principal to do so or that it would better reflect the wishes of the principal, make any one or more of the following orders relating to the operation and effect of a power of attorney— > > > > > (a) an order varying a term of, or a power conferred by, the power of attorney, > > > > > (b) an order removing a person from office as an attorney, > > > > > (c) an order appointing a substitute attorney to replace an attorney who has been removed from office by a review tribunal or who otherwise vacates the office, > > > > > (d) an order reinstating a power of attorney that has lapsed by reason of any vacancy in the office of an attorney and appointing a substitute attorney to replace the attorney who vacated office, > > > > > (e) an order directing or requiring any one or more of the following— > > > > > > > (i) that an attorney furnish accounts and other information to the tribunal or to a person nominated by the tribunal, > > > > > > > (ii) that an attorney lodge with the tribunal a copy of all records and accounts kept by the attorney of dealings and transactions made by the attorney under the power, > > > > > > > (iii) that those records and accounts be audited by an auditor appointed by the tribunal and that a copy of the report of the auditor be furnished to the tribunal, > > > > > > > (iv) that the attorney submit a plan of financial management to the tribunal for approval, > > > > > (f) an order revoking all or part of the power of attorney, > > > > > (g) such other orders as the review tribunal thinks fit. > > > (5) Orders relating to mental capacity of principal A review tribunal may make an order relating to the operation and effect of a power of attorney declaring that the principal lacked or lacks capacity because of mental incapacity at a specified time or during a specified period or for the time being. An enduring power of attorney can not be lawfully revoked by the principal while the principal is declared to be incapable by such an order. > > > (6) Effect of order declaring mental incapacity for the time being If a review tribunal makes an order under this section declaring that a principal under a reviewable power of attorney lacks capacity through mental incapacity for the time being, the principal is to be taken, for the purposes of the operation of the power of attorney, to lack such capacity for such period (if any) specified in the order or until further order of the tribunal. > > > (7) Orders may be subject to terms and conditions An order made under this section may be made subject to such terms and conditions as the review tribunal thinks fit. > > > (8) Further orders relating to accounts and information If a review tribunal makes an order under this section directing an attorney to furnish accounts or other information, the tribunal may decide to make further orders for— > > > > > (a) limiting the disclosure of accounts or other information by the attorney, and > > > > > (b) inquiry and report on the conduct of the attorney. > > > (9) Order reinstating lapsed power of attorney may have retrospective operation If a review tribunal makes an order under this section reinstating a power of attorney that has lapsed by reason of a vacancy in the office of an attorney, the order may also direct that it has effect from the time at which the power of attorney originally lapsed. > > > (10) Effect of order removing or appointing attorney or altering power The removal or appointment of an attorney, or the alteration or revocation of a power of attorney, under this section has effect as if— > > > > > (a) it were done in due form by the principal, and > > > > > (b) the principal were of full capacity and were, to the extent necessary, authorised to do the thing in question by the instrument creating the power. > > > (11) Review tribunal may exercise functions despite instrument A review tribunal may exercise a function under this section despite anything to the contrary in the instrument creating the power. > > > (12) Section does not affect irrevocable powers of attorney This section has effect subject to the provisions of Part 3 (Irrevocable powers of attorney). > > **s 36:** Am 2013 No 23, Sch 1 \[13\] \[14\].