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Powers of Attorney Act 2006
50AACAT may order compensation etc
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50A ACAT may order compensation etc
(1) The ACAT may order an attorney for a principal to pay an amount to
the principal or, if the principal has died, the principal’s estate—
(a) to compensate for a loss caused by the attorney’s failure to
comply with this Act in the exercise, or purported exercise, of a
power; or
Part 4.5 If attorneys do not comply with Act
(b) to account for any profits the attorney has accrued as a result of
the attorney’s failure to comply with this Act in the exercise, or
purported exercise, of a power.
(2) However, the ACAT must not order the attorney to make a payment
under both subsection (1) (a) and (b) in relation to the same exercise,
or purported exercise, of power.
(3) Subsection (1) applies whether or not the attorney is convicted of an
offence in relation to the attorney’s failure.
(4) The ACAT may make an order under subsection (1)—
(a) on its own initiative; or
(b) on application by an interested person in relation to the power
of attorney.
(5) If the principal or the attorney has died, any application under
subsection (4) (b) must be made—
(a) within 6 months after the day of the death; and
(b) if both principal and attorney have died—within 6 months after
the day of the first death.
(6) In this section:
interested person—see section 74.