POWERS OF ATTORNEY ACT 2006 - SECT 45 Right of attorneys to information—enduring powers of
POWERS OF ATTORNEY ACT 2006 - SECT 45
Right of attorneys to information—enduring powers of attorney(1) This section applies in relation to an enduring power of attorney if the principal has impaired decision-making capacity.
(2) An attorney under the enduring power of attorney has a right to all the information (the available information ) that the principal would have been entitled to if the principal had decision-making capacity.
(3) A person who has custody or control of the available information must disclose the information to the attorney if asked.
(4) However, subsections (2) and (3) are subject to any contrary intention, or express limitation, in the enduring power of attorney.