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Powers of Attorney Act 2006
40Express general authority to provide for reasonable living
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40 Express general authority to provide for reasonable living
expenses in enduring powers of attorney
(1) This section applies if an enduring power of attorney expressly
authorises the payment of reasonable living expenses (however
described) for a named person.
(2) Unless the power of attorney expressly provides otherwise, the power
of attorney only authorises the payment of reasonable costs of the
following in relation to the named person:
(a) housing;
(b) food;
(c) education;
(d) transportation;
(e) medical care and medication.
(3) In working out what are reasonable costs for subsection (2), and
without limiting what must be considered, the principal’s financial
circumstances and the size of the principal’s estate must be
considered.