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—