s 37 Power of attorney
(1) Unless the terms of the trust provide to the contrary, a trustee may, by power of attorney, delegate for a period not exceeding twelve months, the performance of any trust or function vested in him, either alone or jointly, as trustee except for the power to give powers of attorney under this section. (2) A trustee who delegates a trust or function by a power of attorney under this section shall be referred to in this section as the “donor” and the person to whom the trust or function is delegated is referred to as the “donee”. (3) A person who is the only other co-trustee of the donor shall not be the donee. (4) The donor shall, within seven days of giving a power of attorney under this section, give written notice of such delegation to— (a) any other person who under the terms of the trust has power, either alone or jointly, to appoint a new trustee; (b) every co-trustee; and (c) in the case of a registered trust, the Authority. (5) The notice under subsection (4) shall state— (a) the date of commencement and duration of the power of attorney; (b) the name and address of the donee; (c) the reason for giving the power of attorney; and (d) the trust or function delegated. (6) Failure of the donor to comply with subsection (4) or (5) shall not of itself, in favour of a person dealing with the donee, invalidate anything done by the donee. (7) The donor is bound by and liable for all acts or defaults of the donee done or purportedly done under the power of attorney as if they were his own acts or defaults. (8) The provisions of this section shall not apply to a trust company acting as trustee.