32AARight of attorney to information

32AA Right of attorney to information

[Section 32AA Inserted by No. 39 of 2013, s. 15, Applied:01 Feb 2014]

(1)  The attorney under an enduring power of attorney has, if the donor has become subject to a mental incapacity, a right to –

(a) all the information to which the donor is entitled; and

(b) all the information to which the donor would have been entitled but for the mental incapacity –

if the information is reasonably required for the purpose of exercising a power under, or determining whether to exercise a power under, the enduring power of attorney.

(2)  An attorney under an enduring power of attorney has, if the donor has become subject to a mental incapacity, a right to obtain, from a person who has possession of a will of the donor, a copy, of the will, that is certified by the person.

(3)  A person who has custody or control of information, or a will, to which an attorney under an enduring power of attorney has a right under subsection (1) or (2) , must, at the request of the attorney, disclose to the attorney the information, or provide to the attorney a copy, of the will, that is certified by the person.

Penalty:   Fine not exceeding 2 penalty units.

(4)  Subsections (1) , (2) and (3) are subject to any contrary intention, or express limitation, in the enduring power of attorney.