Assisted Decision-Making (Capacity) Act 2015

120

Disapplication or modification of enduring power of attorney, etc.

120. (1) Where an enduring power is not exercised in a manner sufficient to guarantee the protection of the person or pro perty of the donor, the High Court or the court, as the case may be, in exercising jurisdiction under this Part, may disapply or modify the power.

(2) Where, in accordance with this Chapter, the law applicable to the power is, in one or more respects, that of a country other than the State, the High Court or the court, as the case may be shall, so far as possible, take into consideration the law of the other country in that respect (or those respects).