sec.91Exercise of power for particular interested persons and entitled persons

sec.91 Exercise of power for particular interested persons and entitled persons

If an interested person is a child, only the guardian of the child may— give notice under section 89 (1) (b) waiving the interested person’s right to make a variation application; or give notice under section 89 (3) shortening the period that would otherwise apply under section 89 (2) ; or approve an appropriation of trust property, as mentioned in section 90 (2) (c) (i) . If an entitled person is a child, only the guardian of the child may give consent for the child to the making of an appropriation of trust property, as mentioned in section 90 (2) (b) . If there is more than 1 guardian of a child, the guardians must act jointly in exercising power for the child for a matter mentioned in subsection (1) or (2) . Sections 89 and 90 do not limit or otherwise affect— the operation of a provision of another Act that provides for how, or by whom, an application to the court may be made on behalf of a person under a legal incapacity; or the powers of an administrator or attorney for a person with impaired capacity for a matter. (sec.91-ssec.1) If an interested person is a child, only the guardian of the child may— give notice under section 89 (1) (b) waiving the interested person’s right to make a variation application; or give notice under section 89 (3) shortening the period that would otherwise apply under section 89 (2) ; or approve an appropriation of trust property, as mentioned in section 90 (2) (c) (i) . (sec.91-ssec.2) If an entitled person is a child, only the guardian of the child may give consent for the child to the making of an appropriation of trust property, as mentioned in section 90 (2) (b) . (sec.91-ssec.3) If there is more than 1 guardian of a child, the guardians must act jointly in exercising power for the child for a matter mentioned in subsection (1) or (2) . (sec.91-ssec.4) Sections 89 and 90 do not limit or otherwise affect— the operation of a provision of another Act that provides for how, or by whom, an application to the court may be made on behalf of a person under a legal incapacity; or the powers of an administrator or attorney for a person with impaired capacity for a matter.

• (a) give notice under section 89 (1) (b) waiving the interested person’s right to make a variation application; or
• (b) give notice under section 89 (3) shortening the period that would otherwise apply under section 89 (2) ; or
• (c) approve an appropriation of trust property, as mentioned in section 90 (2) (c) (i) .
• (a) the operation of a provision of another Act that provides for how, or by whom, an application to the court may be made on behalf of a person under a legal incapacity; or
• (b) the powers of an administrator or attorney for a person with impaired capacity for a matter.