Compensation for acts of attorney
77 Compensation for acts of attorney
The Supreme Court or VCAT may order an attorney under an enduring power of attorney to compensate the principal for a loss caused by the attorney contravening any provision of this Act relating to enduring powers of attorney when acting as attorney under the power of attorney.
Subsection (1) applies—
even if the attorney is convicted of an offence in relation to the attorney's contravention; and
even if the principal has died, in which case compensation is payable to the estate of the principal; and
even if the enduring power of attorney is invalid or has been revoked or, at the time of the contravention, was invalid or had been revoked.
This section does not apply if Division 3 applies.
This Act’s bill:Explanatory memorandumSecond reading speech
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