73A. (1) The following persons:

(a) the donor;

(b) on the written request of the donor to act on his or her behalf, the attorney;

(c) on the written request of the donor to act on his or her behalf, any of the persons referred to in paragraphs (a) to (j) of section 71A(3) (other than those to whom subsections (4) and (5) of that section relate);

(d) on the written request of the donor to act on his or her behalf, any other person who appears to the Director to have sufficient interest or expertise in the welfare of the donor,

may, after the acceptance by the Director under section 71C of a notification under section 71A—

(i) request the Director to rescind his or her acceptance as a result of the donor having regained capacity, or

(ii) request the Director to rescind his or her acceptance as a result of the donor having regained capacity and to recognise the revocation by the donor of the instrument creating the enduring power.

(2) A request under paragraph (i) or (ii), as the case may be, of subsection (1), shall be in the form specified by the Director under section 79A and shall be accompanied by—

(a) a statement by the donor that he or she understands the implications of his or her request under paragraph (i) or (ii), as the case may be, of subsection (1),

(b) a statement by a legal practitioner that, after interviewing the donor and making any necessary enquiries, he or she—

(i) is satisfied that the donor understands the implications of a request being made to the Director under paragraph (i) or (ii), as the case may be, of subsection (1), and

(ii) has no reason to believe that the request by the donor, or on his or her behalf, is the result of fraud, coercion or undue pressure on the donor,

(c) a statement by each of 2 persons, each being either—

(i) a registered medical practitioner, or

(ii) such other healthcare professional of a class as shall be prescribed by the Minister by regulations under section 79,

that in his or her opinion the donor no longer lacks capacity in relation to the relevant decisions that are the subject of the enduring power,

(d) a statement by the attorney that he or she is aware of the request being made under paragraph (i) or (ii), as the case may be, of subsection (1) and undertakes to act accordingly, and

(e) in the case of a request under subsection (1)(ii), a written notice of revocation by the donor of the instrument creating the enduring power of attorney in the form specified by the Director under section 79A.

(3) Where the Director receives a request under paragraph (i) or (ii), as the case may be, of subsection (1) that is in accordance with subsection (2), he or she shall—

(a) review the request,

(b) consult with the attorney,

(c) consult with the donor, and

(d) consult with such other persons as he or she considers relevant,

and shall—

(i) where he or she is of the view that the request is not well founded, notify the donor, the attorney and any person who made the request on behalf of the donor at the donor’s request of his or her view, and provide reasons for that view,

(ii) in the case of a request under subsection (1)(i), where he or she is of the view that the request is well founded—

(I) notify the donor, the attorney and any person who made the request on behalf of the donor at the donor’s request of his or her view,

(II) rescind his or her acceptance of the notification, and

(III) modify the Register accordingly,

or

(iii) in the case of a request under subsection (1)(ii), where he or she is of the view that the request is well founded—

(I) notify the donor, the attorney and any person who made the request on behalf of the donor at the donor’s request of his or her view,

(II) rescind his or her acceptance of the notification,

(III) recognise the donor’s revocation of the instrument creating the enduring power, and

(IV) modify the Register accordingly.

(4) A person who receives a notification under subsection (3)(i) may, not later than 21 days after the date of issue of the notification by the Director under subsection (3)(i), appeal the notification concerned to the court.

(5) Upon an appeal under subsection (4), the court may—

(a) in the case of a request under subsection (1)(i), require the Director to accept the request, rescind his or her acceptance under section 71C of the notification under section 71A and make the appropriate modifications to the Register,

(b) in the case of a request under subsection (1)(ii), require the Director to rescind his or her acceptance under section 71C of the notification under section 71A, recognise the donor’s revocation of the enduring power of attorney and make the appropriate modifications to the Register,

(c) affirm the notification by the Director under subsection (3)(i), or

(d) make such other declaration or order as it considers appropriate.

(6) Once the Director has accepted or has refused to accept under this section a request under paragraph (i) or (ii), as the case may be, of subsection (1), the donor concerned, or, with his or her written consent, his or her attorney, or former attorney, as the case may be, shall, as soon as practicable, give notice to the persons referred to in section 71A(3) (other than those to whom subsections (4) and (5) of that section relate) of that acceptance or refusal, as the case may be, in the form specified by the Director under section 79A.

(7) Where a request under subsection (1)(i) has been accepted by the Director, the enduring power of attorney shall be deemed to be a power of attorney that has been registered under section 69 and the provisions of this Part (other than section 71) shall apply accordingly.]