Protection of Personal and Property Rights Act 1988

107 Attorney’s power to benefit self and others

(1)

An attorney under an enduring power of attorney must not, at any time while the donor is mentally incapable, act to the benefit of the attorney or of a person other than the donor, or recover any expenses from the donor’s property, unless and only to the extent that—

(a)

the donor has specified a power to so act in the enduring power of attorney; or

(b)

the court authorises the attorney to so act in an order under section 102(2)(g) or (ga); or

(c)

the attorney’s actions relate to 1 or more of the following matters and the enduring power of attorney does not expressly provide otherwise:

(i)

if the attorney and donor are married to, or in a civil union or de facto relationship with, each other, and are living together and sharing their incomes, any action taken by the attorney in respect of real or personal property that the donor and the attorney own jointly and not as tenants in common:

(ii)

any payments of a kind described in subsection (2):

(iii)

if acting under an enduring power of attorney in relation to the donor’s property, any loan or advance or other investment of the donor’s property that a trustee could make of trust funds under section 13A of the Trustee Act 1956.

(2)

The payments referred to in subsection (1)(c)(ii) are payments (being payments for which receipts or other evidence are provided by the attorney) of—

(a)

out-of-pocket expenses (other than lost wages or remuneration) reasonably incurred by an attorney; or

(b)

professional fees and expenses reasonably incurred by an attorney who—

(i)

has accepted appointment in a professional capacity; or

(ii)

has undertaken work in any professional capacity to give effect to the decisions taken under the enduring power of attorney.

Section 107: substituted, on 25 September 2008, by section 22 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).