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POWERS OF ATTORNEY ACT 1998 - SECT 106
Compensation and accounting for profits for failure to comply
106 Compensation and accounting for profits for failure to comply
(1) The court or tribunal may order an attorney for a principal to pay an
amount to the principal or, if the principal has died, the principal’s
estate— (a) to compensate for a loss caused by the attorney’s failure to
comply with this Act in the exercise of a power; or
(b) to account for any
profits the attorney has accrued as a result of the attorney’s failure to
comply with this Act in the exercise of a power.
(2) However, the court or
tribunal may not order the attorney to make a payment under both subsection
(1) (a) and (b) in relation to the same exercise of power.
(3) Subsection (1)
applies even if the attorney is convicted of an offence in relation to the
attorney’s failure.
(4) Also, subsection (1) applies even if the
attorney’s appointment has ended.
(5) If the principal or attorney has
died, an application for an order under subsection (1) must be made to the
court or tribunal within 6 months after the death.
(6) If the principal and
attorney have died, an application for an order under subsection (1) must be
made to the court or tribunal within 6 months after the first death.
(7) The
court or tribunal may extend the application time.
(8) An amount paid under
an order under subsection (1) must be taken into account in assessing damages
in a later civil proceeding in relation to the attorney’s exercise of the
power.
(9) In this section—
"attorney" means an attorney under— (a) a
general power of attorney made under this Act; or
(b) an enduring document;
or
(c) a power of attorney made otherwise than under this Act, whether before
or after its commencement.
"court" means any court.
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