sec.81Right of attorney to information

### sec.81 Right of attorney to information An attorney has a right to all the information that the principal would have been entitled to if the principal had capacity and that is necessary to make, for the principal, informed decisions about anything the attorney is authorised to do. A person who has custody or control of the information must disclose the information to the attorney on request. This section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege. (sec.81-ssec.1) An attorney has a right to all the information that the principal would have been entitled to if the principal had capacity and that is necessary to make, for the principal, informed decisions about anything the attorney is authorised to do. (sec.81-ssec.2) A person who has custody or control of the information must disclose the information to the attorney on request. (sec.81-ssec.3) This section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege. - (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and - (b) for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and - (c) for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege.