Powers of Attorney Act 1998

An eligible attorney, for a matter under an enduring power of attorney, means—

a person who—

has capacity for the matter and is at least 18 years; and

is not, and has not been within the previous 3 years, a paid carer for the principal; and

is not a health provider for the principal; and

is not a service provider for a residential service where the principal is a resident; and

if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or

for a financial matter only—

the public trustee; or

a trustee company under the Trustee Companies Act 1968; or

for a personal matter only—the public guardian.

An eligible attorney, for a matter under an advance health directive, means—

a person who has capacity for the matter who is—

at least 18 years; and

not a paid carer, or health provider, for the principal; and

not a service provider for a residential service where the principal is a resident; or

the public guardian.