Protection of Personal and Property Rights Act 1988

103 Review of attorney’s decisions

(1)

Any of the following people may at any time apply to a court to review any decision made by an attorney acting under an enduring power of attorney while the donor is or was mentally incapable:

(a)

the donor of the enduring power of attorney:

(b)

a relative or attorney of the donor (not being the attorney whose decision is sought to be reviewed):

(c)

a social worker:

(d)

a medical practitioner:

(e)

a trustee corporation:

(f)

if the donor is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001, the principal manager of that place:

(g)

any welfare guardian who has been appointed for the donor:

(h)

a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services.

(2)

Any other person may apply for a review if the court gives leave to do so.

(3)

For the avoidance of doubt, an application for review may be made while the enduring power of attorney is in force or after it is revoked by the death of the donor or otherwise.

(4)

The court may, if it thinks it reasonable to do so in all the circumstances, review the decision and make any order it thinks fit.

(5)

An order under subsection (4) has effect according to its tenor.

Section 103: substituted, on 25 September 2008, by section 18 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).