Assisted Decision-Making (Capacity) Act 2015
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Complaints in relation to attorneys | ||
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76. (1) A person may make a complaint in writing to the Director concerning one or more of the following matters: | ||
(a) that an attorney has acted, is acting, or is proposing to act outside the scope of his or her functions as specified in the instrument creating the enduring power of attorney; | ||
(b) that an attorney is not a suitable person within the meaning of section 59 (6); | ||
(c) that fraud, coercion or undue pressure was used to induce a donor to appoint an attorney. | ||
(2) A person may, in respect of an attorney under the Act of 1996, make a complaint in writing to the Director concerning one or more of the following matters: | ||
(a) that an attorney under the Act of 1996, is acting or is proposing to act outside the scope of the enduring power under the Act of 1996; | ||
(b) that an attorney under the Act of 1996 is unable, for whatever reason, to perform his or her duties and obligations as construed in accordance with that Act; | ||
(c) that fraud, coercion or undue pressure was used to induce a donor under the Act of 1996 to appoint an attorney under the Act of 1996. | ||
(3) Following the receipt of a complaint under subsection (1) or (2), the Director shall carry out an investigation of the matter which is the subject of that complaint and— | ||
(a) where he or she is of the view that the complaint is well founded, make an application to the court for a determination in relation to a matter specified in the complaint, or | ||
(b) where he or she is of the view that the complaint is not well founded, notify the person who made the complaint of that view and provide reasons for that view. | ||
(4) A person who receives a notification under subsection (3)(b) may, not later than 21 days after the date of issue of the notification, appeal a decision of the Director that the complaint is not well founded to the court. | ||
(5) The Director may, notwithstanding that no complaint has been received, on his or her own initiative carry out an investigation and make an application to the court for a determination in relation to any matter specified in subsection (1) or (2). | ||
(6) The court may— | ||
(a) pursuant to an application to it under subsection (3)(a) or (5), or | ||
(b) pursuant to an appeal under subsection (4), | ||
make a determination in relation to a matter specified in subsection (1) or (2) and may, if it considers it appropriate, determine that— | ||
(i) an attorney shall no longer act as such in relation to the donor concerned, or | ||
(ii) an attorney under the Act of 1996 shall no longer act as such in relation to a donor under the Act of 1996. | ||
(7) The reference to “attorney” in sections 95 and 96 shall, for the purposes of this section, be construed as including an attorney under the Act of 1996. | ||
(8) The reference to “relevant person” in sections 95 , 96 and 99 shall, for the purposes of this section, be construed as including a donor under the Act of 1996. |