105
CurrentRelief from personal liability
Chapter 5Exercising power for a principal
Part 5Protection and relief from liability
105 Relief from personal liability
(1)
If the court considers—
(a)
an attorney is, or may be, personally liable for a breach of this Act; and
(b)
the attorney has acted honestly and reasonably and ought fairly to be excused for the breach;
the court may relieve the attorney from all or part of the attorney’s personal liability for the breach.
(2)
In this section—
attorney means—
(a)
an attorney under a general power of attorney made under this Act; or
(b)
an attorney under an enduring document; or
(c)
an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or
(d)
a statutory health attorney.
This Act’s bill:Explanatory memorandum
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