sec.29Meaning of eligible attorney

### sec.29 Meaning of eligible attorney An eligible attorney , for a matter under an enduring power of attorney, means— a person who— has capacity for the matter and is at least 18 years; and is not, and has not been within the previous 3 years, a paid carer for the principal; and See schedule 3 for the definition paid carer . is not a health provider for the principal; and See schedule 3 for the definition health provider . is not a service provider for a residential service where the principal is a resident; and if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or for a financial matter only— the public trustee; or a trustee company under the Trustee Companies Act 1968 ; or for a personal matter only—the public guardian. An eligible attorney , for a matter under an advance health directive, means— a person who has capacity for the matter who is— at least 18 years; and not a paid carer, or health provider, for the principal; and See schedule 3 for the definitions paid carer and health provider . not a service provider for a residential service where the principal is a resident; or the public guardian. s 29 amd 2004 No. 43 s 91 ; 2014 No. 26 s 266 ; 2019 No. 9 s 57 (sec.29-ssec.1) An eligible attorney , for a matter under an enduring power of attorney, means— a person who— has capacity for the matter and is at least 18 years; and is not, and has not been within the previous 3 years, a paid carer for the principal; and See schedule 3 for the definition paid carer . is not a health provider for the principal; and See schedule 3 for the definition health provider . is not a service provider for a residential service where the principal is a resident; and if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or for a financial matter only— the public trustee; or a trustee company under the Trustee Companies Act 1968 ; or for a personal matter only—the public guardian. (sec.29-ssec.2) An eligible attorney , for a matter under an advance health directive, means— a person who has capacity for the matter who is— at least 18 years; and not a paid carer, or health provider, for the principal; and See schedule 3 for the definitions paid carer and health provider . not a service provider for a residential service where the principal is a resident; or the public guardian. - (a) a person who— (i) has capacity for the matter and is at least 18 years; and (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer . (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider . (iv) is not a service provider for a residential service where the principal is a resident; and (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or - (i) has capacity for the matter and is at least 18 years; and - (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer . - (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider . - (iv) is not a service provider for a residential service where the principal is a resident; and - (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or - (b) for a financial matter only— (i) the public trustee; or (ii) a trustee company under the Trustee Companies Act 1968 ; or - (i) the public trustee; or - (ii) a trustee company under the Trustee Companies Act 1968 ; or - (c) for a personal matter only—the public guardian. - (i) has capacity for the matter and is at least 18 years; and - (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer . - (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider . - (iv) is not a service provider for a residential service where the principal is a resident; and - (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or - (i) the public trustee; or - (ii) a trustee company under the Trustee Companies Act 1968 ; or - (a) a person who has capacity for the matter who is— (i) at least 18 years; and (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider . (iii) not a service provider for a residential service where the principal is a resident; or - (i) at least 18 years; and - (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider . - (iii) not a service provider for a residential service where the principal is a resident; or - (b) the public guardian. - (i) at least 18 years; and - (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider . - (iii) not a service provider for a residential service where the principal is a resident; or