Powers of Attorney Act 2000

The attorney under an enduring power of attorney has, if the donor has become subject to a mental incapacity, a right to – all the information to which the donor is entitled; and all the information to which the donor would have been entitled but for the mental incapacity – if the information is reasonably required for the purpose of exercising a power under, or determining whether to exercise a power under, the enduring power of attorney.

An attorney under an enduring power of attorney has, if the donor has become subject to a mental incapacity, a right to obtain, from a person who has possession of a will of the donor, a copy, of the will, that is certified by the person.

A person who has custody or control of information, or a will, to which an attorney under an enduring power of attorney has a right under subsection (1) or (2), must, at the request of the attorney, disclose to the attorney the information, or provide to the attorney a copy, of the will, that is certified by the person. Fine not exceeding 2 penalty units.

Subsections (1), (2) and (3) are subject to any contrary intention, or express limitation, in the enduring power of attorney.