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POWERS OF ATTORNEY ACT 2006 - SECT 40 Express general authority to provide for reasonable living expenses in enduring powers

POWERS OF ATTORNEY ACT 2006 - SECT 40

Express general authority to provide for reasonable living expenses in enduring powers of attorney

    (1)     This section applies if an enduring power of attorney expressly authorises the payment of reasonable living expenses (however described) for a named person.

    (2)     Unless the power of attorney expressly provides otherwise, the power of attorney only authorises the payment of reasonable costs of the following in relation to the named person:

        (a)     housing;

        (b)     food;

        (c)     education;

        (d)     transportation;

        (e)     medical care and medication.

    (3)     In working out what are reasonable costs for subsection (2), and without limiting what must be considered, the principal's financial circumstances and the size of the principal's estate must be considered.