Protection of Personal and Property Rights Act 1988

99 Both kinds of powers may be given

(1)

Nothing in section 95 or section 97(1) or section 98(1) shall prevent a donor from—

(a)

authorising the attorney, whether in the same or in a separate document, to act both—

(i)

in relation to the whole or a specified part of the donor’s affairs in relation to his or her property, or to act in relation to specified things on the donor’s behalf; and

(ii)

in relation to the donor’s personal care and welfare, either generally or in relation to specific matters; or

(b)

giving an enduring power of attorney to any person or persons for the purposes described in subparagraph (i) of paragraph (a), and, whether in the same or in a separate document, to another person for the purposes described in subparagraph (ii) of that paragraph.

(2)

If subsection (1)(b) applies, the attorney responsible for the donor’s property must give the attorney responsible for the donor’s personal care and welfare any financial support required by that attorney to carry out his or her duties in relation to the donor’s personal care and welfare.

(3)

Subsection (2) is subject to—

(a)

the enduring power of attorney; and

(b)

any direction of the court under section 101 made on the application of either attorney.

Section 99(2): substituted, on 25 September 2008, by section 13 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 99(3): added, on 25 September 2008, by section 13 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).