59Resignation when principal does not have decision making capacity

59 Resignation when principal does not have decision making capacity (1) An attorney under an enduring power of attorney, who has power for a matter, may resign as attorney for that matter at any time when the principal does not have decision making capacity for the matter— (a) if there is another attorney who has power for the matter; or (b) if there is no other attorney who has power for the matter but there is an alternative attorney who has power for the matter who is able and willing to act; or (c) if paragraph (a) or (b) does not apply, with leave from VCAT or the Supreme Court. (2) An alternative attorney under an enduring power of attorney, who has power for a matter and who is acting under that power, may resign as alternative attorney for that matter at any time when the principal does not have decision making capacity for the matter with leave from VCAT or the Supreme Court. (3) An alternative attorney under an enduring power of attorney, who has power for a matter and who is not acting as attorney under the enduring power of attorney may resign as alternative attorney for that matter when the principal does not have decision making capacity for the matter.