Scope of authority, etc. of attorney under enduring power
(1) An enduring power-
(a) must not confer on the attorney any authority other than authority to act in relation to the property of the donor and his financial affairs;
(b) subject to paragraph (a), must specify, in accordance with regulations made under section 18, the particular matters, property or affairs in relation to which the attorney has authority to act.
(2) An instrument which purports to create an enduring power which does not comply with subsection (1) cannot take effect as an enduring power.
(3) An attorney may, subject to any conditions and restrictions contained in the enduring power and without obtaining any consent-
(a) execute or exercise all or any of the trusts, powers or discretions vested in the donor as trustee and may, without the concurrence of any other person, give a valid receipt for capital or any other money paid;
(b) act under the power so as to benefit himself and other persons (not being the donor) to the following extent, but no further-
(i) he may so act in relation to himself or in relation to any other person if the donor might be expected to provide for his or that person's needs respectively; and
(ii) he may do whatever the donor might be expected to do to meet those needs; and
(c) without prejudice to paragraph (b) and subject to subsection (4), dispose of the property of the donor by way of gift to the following extent, but no further-
(i) he may make gifts of a seasonal nature or at a time or on an anniversary of a birth or marriage to persons (including himself) who are related to or connected with the donor; and
(ii) he may make gifts to any charity to which the donor made or might be expected to make gifts.
(4) A gift under subsection (3)(c) must not be unreasonable having regard to all the circumstances, in particular, the donor's estate.