33Power of Tribunal to make orders in respect of enduring power of attorney

33 Power of Tribunal to make orders in respect of enduring power of attorney

(1AA)  [Section 33 Subsection (1AA) inserted by No. 39 of 2013, s. 17, Applied:01 Feb 2014] In this section, a reference to an enduring power of attorney includes a reference to a purported enduring power of attorney.

(1)  [Section 33 Subsection (1) amended by No. 18 of 2021, s. 311, Applied:05 Nov 2021] [Section 33 Subsection (1) amended by No. 18 of 2021, s. 311, Applied:05 Nov 2021] The Tribunal may –

(a) of its own motion; or

(b) on application by an attorney; or

(c) on application by or on behalf of a donor; or

(d) [Section 33 Subsection (1) amended by No. 18 of 2021, s. 311, Applied:05 Nov 2021] on application by any other person who the Tribunal believes has a proper interest in the matter –

hold a hearing in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 to review an enduring power of attorney.

(1A)  [Section 33 Subsection (1A) amended by No. 18 of 2021, s. 311, Applied:05 Nov 2021] [Section 33 Subsection (1A) inserted by No. 39 of 2013, s. 17, Applied:01 Feb 2014] The Tribunal may dismiss an application for review if it is of the opinion that the application is frivolous, vexatious or lacking in substance.

(1B)  [Section 33 Subsection (1B) amended by No. 18 of 2021, s. 311, Applied:05 Nov 2021] [Section 33 Subsection (1B) inserted by No. 39 of 2013, s. 17, Applied:01 Feb 2014] Without limiting the matters to which the Tribunal may have regard in relation to a review in respect of a donor, the Tribunal may open and read any paper or writing which purports to be, or is alleged to be, the will of the donor.