sec.106Compensation and accounting for profits for failure to comply

### sec.106 Compensation and accounting for profits for failure to comply The court or tribunal may order an attorney for a principal to pay an amount to the principal or, if the principal has died, the principal’s estate— to compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or to account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power. However, the court or tribunal may not order the attorney to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power. Subsection (1) applies even if the attorney is convicted of an offence in relation to the attorney’s failure. Also, subsection (1) applies even if the attorney’s appointment has ended. If the principal or attorney has died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the death. If the principal and attorney have died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the first death. The court or tribunal may extend the application time. An amount paid under an order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the attorney’s exercise of the power. In this section— attorney means an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement. court means any court. s 106 sub 2000 No. 8 s 263 sch 3 ; 2019 No. 9 s 74 (sec.106-ssec.1) The court or tribunal may order an attorney for a principal to pay an amount to the principal or, if the principal has died, the principal’s estate— to compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or to account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power. (sec.106-ssec.2) However, the court or tribunal may not order the attorney to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power. (sec.106-ssec.3) Subsection (1) applies even if the attorney is convicted of an offence in relation to the attorney’s failure. (sec.106-ssec.4) Also, subsection (1) applies even if the attorney’s appointment has ended. (sec.106-ssec.5) If the principal or attorney has died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the death. (sec.106-ssec.6) If the principal and attorney have died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the first death. (sec.106-ssec.7) The court or tribunal may extend the application time. (sec.106-ssec.8) An amount paid under an order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the attorney’s exercise of the power. (sec.106-ssec.9) In this section— attorney means an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement. court means any court. - (a) to compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or - (b) to account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power. - (a) a general power of attorney made under this Act; or - (b) an enduring document; or - (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.