Protection of Personal and Property Rights Act 1988

99A Attorney’s duty to consult

(1)

When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult—

(a)

the donor; and

(b)

in relation to any particular matter, any person specified in the enduring power of attorney to be consulted, generally, in respect of matters of that kind, or in respect of that matter; and

(c)

any other attorney appointed by the donor under the enduring power of attorney (other than a successive attorney whose appointment has not taken effect); and

(d)

any other attorney appointed by the donor under another enduring power of attorney (other than a successive attorney whose appointment has not taken effect).

(2)

An attorney acting under an enduring power of attorney in relation to the donor’s personal care and welfare may, subject to any consultation under subsection (1), have regard to any advance directive given by the donor except to the extent that the directive would require the attorney to act in a manner contrary to section 98(4).

(3)

The attorney may follow any advice given under subsection (1), or any advance directive given by the donor, and is not liable for anything done or omitted in following that advice or directive, unless done or omitted in bad faith or without reasonable care.

(4)

The attorney may apply to a court for directions under section 101 in respect of any advice given under subsection (1) or any advance directive given by the donor.

(5)

The attorney is not liable in respect of anything done or omitted to be done in accordance with the court’s directions.

(6)

Nothing in subsection (4) obliges the attorney to apply to a court for directions.

(7)

If a donor has, under an enduring power of attorney, appointed one attorney in relation to his or her property and another attorney in relation to his or her personal care and welfare, both attorneys must consult each other regularly to ensure that the donor’s interests are not prejudiced through any breakdown in communication between them.

(8)

To avoid doubt, if the same attorney must be consulted under subsection (1)(c) or (d) and subsection (7), the requirements of both subsections must be met in relation to that attorney.

Section 99A: inserted, on 25 September 2008, by section 14 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 99A(1)(b): amended, on 16 March 2017, by section 79(1) of the Statutes Amendment Act 2016 (2016 No 104).

Section 99A(1)(c): inserted, on 16 March 2017, by section 79(2) of the Statutes Amendment Act 2016 (2016 No 104).

Section 99A(1)(d): inserted, on 16 March 2017, by section 79(2) of the Statutes Amendment Act 2016 (2016 No 104).

Section 99A(8): inserted, on 16 March 2017, by section 79(3) of the Statutes Amendment Act 2016 (2016 No 104).