Protection of Personal and Property Rights Act 1988

Part 9 Enduring powers of attorney

93A Purpose of this Part

(1)

The purpose of this Part is to enable a person (the donor) to—

(a)

grant to another person an enduring power of attorney to act in relation to the donor’s personal care and welfare if the donor becomes mentally incapable:

(b)

grant to another person or persons enduring powers of attorney to act in relation to the donor’s property affairs—

(i)

if the donor becomes mentally incapable; or

(ii)

while the donor is mentally capable and if the donor becomes mentally incapable:

(c)

grant to another person an enduring power of attorney to act in both capacities.

(2)

Accordingly, this Part—

(a)

states the requirements for creating an enduring power of attorney:

(b)

defines when a donor is mentally incapable for the purposes of this Part:

(c)

states the duties of an attorney (in addition to those set out in the enduring power of attorney):

(d)

sets out the court’s jurisdiction in respect of an enduring power of attorney:

(e)

provides for the review by the court of any decision of an attorney:

(f)

establishes the circumstances in which an enduring power of attorney may be suspended or revoked.

Section 93A: inserted, on 25 September 2008, by section 6 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).