67Gifts

67 Gifts (1) Subject to any condition or restriction stated in an enduring power of attorney, an attorney for financial matters under the power of attorney may make a gift of the principal's property only if— (a) the gift is reasonable having regard to all the circumstances and, in particular, the principal's financial circumstances; and (b) the gift is— (i) to a relative or a close friend of the principal and is of a seasonal nature or for a special event; or An example of a special event is a birth or a marriage. (ii) a type of donation that the principal made when the principal had decision making capacity for the matter or that the principal might reasonably be expected to make. (2) A gift may be made under subsection (1) even though the gift is made to— (a) the attorney; or (b) a relative or close friend of the attorney; or (c) an organisation with whom the attorney has a connection. (3) An attorney must keep a written record of any gift by the attorney— (a) that is made to— (i) the attorney; or (ii) a relative or close friend of the attorney; or (iii) an organisation with which the attorney has a connection; and (b) the total value of which is of or over— (i) the prescribed amount; or (ii) if an amount has not been prescribed, $100. (4) A record kept under subsection (3) must set out the amount of the gift and the person or organisation to whom it has been made.