Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 62

ACAT directions etc for enduring powers of attorney

    (1)     This section applies in relation to an enduring power of attorney.

    (2)     On application, or on its own initiative on hearing a matter under this Act, the ACAT may, by order—

        (a)     give a direction, not inconsistent with the Powers of Attorney Act 2006

or the power of attorney, that the attorney do or not do a stated act; or

        (b)     direct the attorney to produce stated books, accounts or other records of transactions carried out by the attorney for the principal; or

        (c)     revoke the enduring power of attorney, or part of it; or

        (d)     suspend the enduring power of attorney, or part of it; or

        (e)     make a declaration about the interpretation or effect of the enduring power of attorney.

    (3)     An application under subsection (2) may be made by an interested person or, with leave of the ACAT, someone else.

    (4)     If the ACAT revokes an enduring power of attorney and the person who was the principal for the power has impaired decision-making capacity, the ACAT may appoint a guardian or manager for the person.

    (5)     If the ACAT suspends an enduring power of attorney and the person who was the principal for the power has impaired decision-making capacity, the ACAT may appoint a guardian or manager for the person for the period of the suspension.



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