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CurrentPowers to maintain principal’s dependants—enduring powers of attorney
Chapter 4Operation of powers of attorney
Part 4.3Things attorneys can and cannot do
Division 4.3.2Things attorneys can and cannot do under enduring powers of attorney
41 Powers to maintain principal’s dependants—enduring powers of attorney
(1)
An attorney for a property matter under an enduring power of attorney may provide from the principal’s estate for the needs of a dependant of the principal.
(2)
However, unless there is a contrary intention expressed in the enduring power of attorney, what is provided must not be more than what is reasonable considering all the circumstances and, in particular, the principal’s financial circumstances.
This Act’s bill:Explanatory statementSecond reading speech
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