New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 35

35 Who are interested persons and parties in relation to applications

(1) Interested persons who may make applications Each of the following persons is an
"interested person" in relation to the making of applications under this Division in respect of a reviewable power of attorney:

(a) an attorney (including an attorney whose appointment has been purportedly revoked),

(b) the principal,

(c) any person who is:

(i) a guardian of the principal (whether under the Guardianship Act 1987 or any other Act or law), or

(ii) an enduring guardian of the principal under the Guardianship Act 1987 ,

(d) any other person who, in the opinion of the review tribunal, has a proper interest in the proceedings or a genuine concern for the welfare of the principal.

(2) Parties to proceedings in respect of an application Each of the following persons is a party to an application in respect of a reviewable power of attorney:

(a) the applicant,

(b) each attorney under the power (if the attorney is not the applicant),

(c) the principal (if the principal is not the applicant),

(c1) the NSW Trustee and Guardian,

(d) any other person that the review tribunal concerned has joined as a party under subsection (3).

(3) Joinder of parties A review tribunal may, on its own initiative or on the application of an interested person, decide to join, as a party to any proceedings before the tribunal under this Division, any person who, in the opinion of the tribunal, should be a party to the proceedings (whether because of the person's concern for the welfare of the principal or for any other reason).

(5) Applicant to be notified of joinder If a review tribunal joins a person as a party to any proceedings, the tribunal must, as soon as practicable, notify the applicant (or cause the applicant to be notified) accordingly.