Access to principal
84 Access to principal
This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.
The public advocate is entitled to reasonable access to the principal.
An interested person may apply to the ACAT for access to the principal.
The ACAT may, by order, grant the interested person access to the principal, whether with or without conditions, if satisfied that—
an attorney has denied the person access to the principal; and
it is reasonable to allow the access.
In this section:
interested person, for an application mentioned in subsection (3), includes—
a relative of the principal; and
a person who is a carer of the principal or has been a carer of the principal in the last 12 months; and
a lawyer, or doctor, acting on behalf of a member of the principal’s family or relative of the principal.
Interested person—see s 74.
This Act’s bill:Explanatory statementSecond reading speech
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