Protection of Personal and Property Rights Act 1988

104 Disclaimer by attorney

(1)

An attorney under an enduring power of attorney may not disclaim that power otherwise than by notice given as follows:

(a)

where the donor is not mentally incapable, by written notice to the donor:

(b)

where the donor is mentally incapable, by filing a notice in a court.

(2)

If the donor is mentally incapable, the attorney must file with the notice a report stating—

(a)

that the attorney considers it is in the interests of the donor that a welfare guardian be appointed in relation to the donor’s personal care and welfare, or a property manager be appointed in relation to the donor’s property; or

(b)

that the attorney considers it is not necessary that a welfare guardian or property manager be appointed, and why the attorney considers it not necessary.

(3)

On receiving a report under subsection (2), the Registrar shall refer the matter to a Judge who may give to the Registrar all such directions as the Judge considers appropriate to have the matter drawn to the attention of such person or persons described in section 103 as the Judge thinks fit.

Section 104(2): substituted, on 25 September 2008, by section 19(1) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 104(3): amended, on 25 September 2008, by section 19(2) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).