35Advice or directions as to enduring power of attorney

35 Advice or directions as to enduring power of attorney

(1)  [Section 35 Subsection (1) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] An attorney under an enduring power of attorney may apply for advice or direction by the Tribunal on any matter relating to the scope of his or her appointment as such or the exercise of any power by the attorney under the enduring power of attorney.

(2)  An application under subsection (1) may be made in accordance with section 34 or informally.

(3)  [Section 35 Subsection (3) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] The Tribunal may require notice of an application under subsection (1) to be given to any person that the Tribunal directs and may exercise its powers under this section without a hearing.

(4)  [Section 35 Subsection (4) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] The Tribunal may –

(a) approve or disapprove of any act proposed to be done by the attorney; and

(b) give such advice or direction as it considers appropriate; and

(c) vary the effect of the enduring power of attorney or make any other order that it could have made on an application under section 33 .

(5)  [Section 35 Subsection (5) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] The Tribunal of its own motion may direct, or offer advice to, an attorney in respect of any matter arising under the power of attorney.

(6)  [Section 35 Subsection (6) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] Without limiting the powers conferred by this section, the Tribunal may –

(a) [Section 35 Subsection (6) amended by No. 18 of 2021, s. 313, Applied:05 Nov 2021] require an attorney to lodge with the Tribunal a copy of all records and accounts kept by the attorney of dealings and transactions made by him or her under the power; or