Protection of Personal and Property Rights Act 1988

105 Court may revoke appointment of attorney

(1)

The court may, in any proceeding commenced under section 101, 102A, or 103, revoke the appointment of an attorney under an enduring power of attorney if it is satisfied that the attorney—

(a)

is not acting, or proposes not to act, in the best interests of the donor; or

(b)

is failing, or has failed, to comply with any of the attorney’s obligations under section 99A or 99B, or proposes not to comply with any of those obligations.

(1A)

In any proceedings commenced under section 101 or 102, the court may revoke the appointment of an attorney under an enduring power of attorney only on the motion of the donor or a party to the proceeding other than the attorney.

(2)

Where a court under paragraph (h) or paragraph (i) of section 102(2) determines that the donor of an enduring power of attorney was induced by undue influence or fraud to create the power or that the attorney is not suitable to be the donor’s attorney, the court shall revoke the appointment of the attorney.

Section 105(1): substituted, on 25 September 2008, by section 20 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 105(1A): inserted, on 25 September 2008, by section 20 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).