Authority to give gifts
1 Authority to give gifts
The prescribed expression for the purposes of section 11 (2) is as follows—
I authorise my attorney to give reasonable gifts as provided by section 11 (2) of the Powers of Attorney Act 2003.
The prescribed expression authorises an attorney to give a gift only if—
the gift is—
to a relative or close friend of the principal, and
of a seasonal nature or because of a special event (including, for example, a birth or marriage), or
the gift is a donation of the nature that the principal made when the principal had capacity or the principal might reasonably be expected to make,
and the gift’s value is not more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances and the size of the principal’s estate.
In this clause—
close friend of a principal means another individual who has a close personal relationship with the principal and a personal interest in the principal’s welfare.
relative of a principal means—
a mother, father, spouse (including wife or husband), daughter, son, step-daughter, step-son, sister, brother, half-sister, half-brother or grandchild of the principal, or
if the principal is a party to a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010, or a domestic relationship within the meaning of the Property (Relationships) Act 1984, any person who is a relative, of the kind mentioned in paragraph (a), of either party to the relationship.
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