Guardianship and Administration Act 1995

Where a proposed represented person has granted an enduring power of attorney under section 11A of the Powers of Attorney Act 1934 or under section 30 of the Powers of Attorney Act 2000, it is not competent for the Tribunal to make an administration order in respect of the proposed represented person’s financial matters so long as the enduring power of attorney is in force unless the order is made under Part 8.

If any such enduring power of attorney relates to only some financial matters for the proposed represented person, the Tribunal may make an administration order for the proposed represented person in respect of the financial matters that are not subject to the enduring power of attorney.

Notwithstanding subsection (1), any action taken by a person purporting to act under an administration order before the person has notice of an enduring power of attorney is valid and effectual.