(1)
The purpose of this Part is to enable a person (the donor) to—
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:
grant to another person or persons enduring powers of attorney to act in relation to the donor’s property affairs—
if the donor becomes mentally incapable; or
while the donor is mentally capable and if the donor becomes mentally incapable:
grant to another person an enduring power of attorney to act in both capacities.
(2)
Accordingly, this Part—
states the requirements for creating an enduring power of attorney:
defines when a donor is mentally incapable for the purposes of this Part:
states the duties of an attorney (in addition to those set out in the enduring power of attorney):
sets out the court’s jurisdiction in respect of an enduring power of attorney:
provides for the review by the court of any decision of an attorney:
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).