Powers of Attorney Act 2000

In this section, a reference to an enduring power of attorney includes a reference to a purported enduring power of attorney.

The Tribunal may – of its own motion; or on application by an attorney; or on application by or on behalf of a donor; or on application by any other person who the Tribunal believes has a proper interest in the matter – hold a hearing in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 to review an enduring power of attorney.

The Tribunal may dismiss an application for review if it is of the opinion that the application is frivolous, vexatious or lacking in substance.

Without limiting the matters to which the Tribunal may have regard in relation to a review in respect of a donor, the Tribunal may open and read any paper or writing which purports to be, or is alleged to be, the will of the donor.

On the review, the Tribunal may, by order – vary a term of, or a power conferred by, the enduring power of attorney; or appoint a substitute attorney; or appoint an administrator of the estate of the donor if he or she is over the age of 18 years; or declare that the donor did or did not have mental capacity to make a valid enduring power of attorney or to revoke an enduring power of attorney; or declare that the enduring power of attorney or the revocation of it by the donor is invalid if the Tribunal is satisfied that – the donor did not have the mental capacity to make the power or the revocation, respectively; or the power or the revocation, respectively, does not comply with the other requirements of this Act; or the power or the revocation, respectively, is invalid because the donor was induced to make it by dishonesty or undue influence or invalid for any other reason; or revoke the enduring power of attorney and, if the donor is over the age of 18 years and the Tribunal thinks fit, appoint an administrator of his or her estate; or make such other order as to the exercise of the power, or the construction of its terms, as the Tribunal thinks fit.

An appointment of a person as administrator under subsection (2)(f) has the same effect as if it had been made under Part 7 of the Guardianship and Administration Act 1995.

When the Tribunal considers it proper to do so by reason of urgency, the Tribunal may suspend the attorney under an enduring power of attorney and, on doing so, the attorney ceases, for the period of the suspension, to be authorised to take any action under the power of attorney and the Tribunal may – appoint the Public Trustee or any other person as a substitute attorney to act in the place of the suspended attorney for the period for which the suspension remains in force; and make such other orders, and give such other directions, as to the exercise of the power as it thinks fit.

The Tribunal may – suspend, for the period specified in the order, the attorney under an enduring power of attorney if the attorney (in this section referred to as the suspended attorney) fails to comply, with a direction of the Tribunal, within a reasonable period after the direction is given; and appoint the Public Trustee or any other person to act as the attorney, in the place of the suspended attorney, for the period for which the suspension remains in force; and if an attorney in relation to an enduring power of attorney is suspended under paragraph (a), make such other orders, and give such other directions, as to the exercise of the power as it thinks fit; and if an attorney is suspended under paragraph (a), revoke the suspension, if the Tribunal is satisfied that the suspended attorney has complied with the direction to which the suspension relates; and if, after conducting a hearing in relation to the matter, in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020, to review an enduring power of attorney, it is satisfied that a suspended attorney in relation to a power of attorney has, after the expiration of a reasonable period after the suspension of the attorney under paragraph (a), continued to fail to comply with the direction to which the suspension related, revoke the power of attorney.

If an attorney is suspended under subsection (4A) – the suspension does not prevent the suspended attorney taking the actions necessary to comply with the direction to which the suspension relates, but the suspended attorney may not otherwise exercise during the suspension the power of attorney; and a person appointed under subsection (4A)(b) may, during the period of the suspension, act as the attorney, in the place of the suspended attorney, for the purposes of a power of attorney.

In the exercise of its powers under subsection (4) or subsection (4A) – the Tribunal is not required to give notice to any person or, subject to subsection (4A)(e), to hold a hearing before making an order but the Tribunal must make such inquiries or investigations as may be appropriate; and the Tribunal may act on a request made, or information received, by telephone or any other means that the Tribunal considers appropriate in the circumstances.

An order under subsection (4) – remains in effect for such period as the Tribunal determines but not exceeding 28 days; and may be renewed but only once for a further period not exceeding 28 days.

If the Tribunal adjourns a hearing held under this section, the Tribunal may make any interim order or give any directions it considers appropriate, including making an order appointing The Public Trustee as administrator of the estate of the donor.

Subsection (6A) does not authorise the Tribunal to suspend an attorney under an enduring power of attorney, or extend such a suspension, which may only be done by the Tribunal under subsection (4) or (4A) or subsection (6)(b).

An interim order has effect for the period of the adjournment and any subsequent adjournment or as specified in the interim order.

The Tribunal may vary or revoke an interim order or make a further or subsequent interim order.

An order under this section may be made subject to such terms and conditions as the Tribunal thinks fit.

On making an order under this section, the Tribunal must forward a copy of the order to the Recorder who must register it.