Protection of Personal and Property Rights Act 1988

98A Exercise of enduring power of attorney in relation to personal care and welfare

(1)

This section applies to an attorney acting under an enduring power of attorney in relation to the donor’s personal care and welfare.

(2)

The paramount consideration of the attorney is the promotion and protection of the welfare and best interests of the donor, while seeking at all times to encourage the donor to develop and exercise his or her capacity to—

(a)

understand the nature and foresee the consequences of decisions relating to his or her personal care and welfare; and

(b)

communicate such decisions.

(3)

Without limiting the generality of subsection (2), the attorney must—

(a)

encourage the donor to act on his or her own behalf to the greatest extent possible; and

(b)

seek to facilitate the integration of the donor into the community to the greatest extent possible.

(4)

When deciding any matter relating to the donor’s personal care and welfare, the attorney must give due consideration to the financial implications of that decision in respect of the donor’s property.

Section 98A: inserted, on 25 September 2008, by section 12 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).