(1) A principal may specify in an enduring power of attorney a time when,
circumstance in which, or occasion on which, a power for a financial matter is
exercisable.
(2) However, if the enduring power of attorney does not specify
a time when, circumstance in which, or occasion on which, power for a
financial matter becomes exercisable, the power becomes exercisable once the
enduring power of attorney is made.
(3) Also, if—
(a) a time when,
circumstance in which, or occasion on which, power for a financial matter is
exercisable is specified; and
(b) before the specified time, circumstance or
occasion, the principal has impaired capacity for the matter;
power for the
matter is exercisable during any or every period the principal has the
impaired capacity.
(4) Power for a personal matter under the enduring power
of attorney is exercisable during any or every period the principal has
impaired capacity for the matter and not otherwise.
(5) If an attorney’s power for a matter
depends on the principal having impaired capacity for a matter, a person
dealing with the attorney may ask for evidence, for example, a medical
certificate, to establish that the principal has the impaired capacity.