(1) The donee of an
enduring power of attorney referred to in section 104(1)(b)(ii) may apply to
the State Administrative Tribunal for an order declaring that the donor does
not have legal capacity.
(2) Where the State
Administrative Tribunal is satisfied that a person in respect of whom an
application is made under subsection (1) —
(a) is
the donor of an enduring power of attorney referred to in
section 104(1)(b)(ii); and
(b) is
unable, by reason of a mental disability, to make reasonable judgments in
respect of matters relating to all or any part of his estate,
the Tribunal may by
order declare that the donor does not have legal capacity and that the power
of attorney is in force.
(3) The fact that an
order has been made under subsection (2) in respect of a person does not
prevent the State Administrative Tribunal from making an administration order
in respect of that person.
(4) Section 41(1) and
(3) apply, with all necessary changes, to an application under subsection (1)
as if it were an application for an administration order.
(5) The State
Administrative Tribunal may at any time on the application of a person who in
the opinion of the Tribunal has a proper interest in the matter revoke an
order made under subsection (2).
(6) Section 89(1) and
(3) apply, with all necessary changes, to an application under subsection (5)
as if it were an application for a review of an administration order and as if
references to the represented person were references to the donor of the power
of attorney.
[Section 106 amended: No. 70 of 2000 s. 15; No. 55
of 2004 s. 453 and 466.]