62Ending of attorney's power where more than one attorney

62 Ending of attorney's power where more than one attorney (1) The ending of any power of a joint attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining joint attorney or attorneys who have that power. (2) The ending of any power of a joint and several attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining joint and several attorney or attorneys who have that power. (3) The ending of any power of a several or majority attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining several or majority attorney or attorneys who have that power. S. 62(3A) inserted by No. 64/2016 s. 8(1). (3A) Despite subsection (3), if the ending of any power of a majority attorney under an enduring power of attorney results in the remaining majority attorneys being no longer able to exercise that power as majority attorneys, then the remaining attorneys must exercise that power jointly. S. 62(4) amended by No. 64/2016 s. 8(2). (4) Subsection (1), (2), (3) or (3A) does not apply if the principal specifies otherwise in the enduring power of attorney. Part 6—Enduring powers of attorney—Operation Division 1—Duties of attorney 63 Duties of attorney (1) An attorney under an enduring power of attorney— (a) must act honestly, diligently and in good faith; and (b) must exercise reasonable skill and care; and (c) must not use the position for profit, unless permitted under section 70; and S. 63(1)(d) amended by No. 64/2016 s. 9. (d) must avoid acting where there is or may be a conflict of interest unless the attorney is authorised by the power, the principal or VCAT; and (e) must not disclose confidential information gained as the attorney under the power unless authorised by the power or by law; and (f) must keep accurate records and accounts as required by section 66. (2) Nothing in this section is to be taken to affect any duty an attorney has at common law.