31Scope of authority, &c., of attorney under enduring power of attorney

31 Scope of authority, &c., of attorney under enduring power of attorney

(1)  An enduring power of attorney –

(a) may confer general authority in accordance with subsection (2) on the attorney to act on the donor's behalf in respect of all or a specified part of the property and affairs of the donor or may confer on him or her authority to do specified acts on the donor's behalf; and

(b) may be expressed to operate only during such period as may be specified in the power of attorney –

and, in any such case, the authority may be conferred subject to conditions or restrictions.

(2)  [Section 31 Subsection (2) amended by No. 39 of 2013, s. 13, Applied:01 Feb 2014] Where an instrument is expressed to confer general authority on the attorney, it operates to confer, subject to any conditions or restrictions specified in the instrument, authority to do on behalf of the donor any act which the donor can lawfully do by an attorney.

(2A)  [Section 31 Subsection (2A) inserted by No. 39 of 2013, s. 13, Applied:01 Feb 2014] In addition to any acts or powers expressly authorised in, or expressed to be included in, an enduring power of attorney, but subject to any conditions or restrictions of a power specified in the enduring power of attorney, the acts which the attorney may do on behalf of a donor under an enduring power of attorney include, but are not limited to including –

(a) collect, receive and recover any income or property to which the donor is entitled; and

(b) invest money in any manner in which trustees may by law invest; and

(c) take a lease of real estate at the rent, and on the conditions, that the attorney thinks fit; and

(d) exercise any power of leasing vested in the donor; and

(e) surrender any lease, accept any lease, accept the surrender of any lease or renew any lease; and

(f) sell, exchange, partition or convert into money any property other than real estate; and

(g) sell, exchange, partition or convert into money any interest in any real estate; and