Resignation of attorney while principal has impaired capacity

Current

(1)

Despite section 72, while a principal has impaired capacity for a matter, an attorney under an enduring document may only resign as attorney for the matter with the court’s leave.

(2)

If the court gives leave for an attorney to resign for a matter, the court may appoint a new attorney to replace the attorney for the matter.

Note—

The court is not limited to appointing an eligible attorney (defined in section 29) as the new attorney.

This Act’s bill:Explanatory memorandum

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

82 Resignation of attorney while principal has impaired capacity