POWERS OF ATTORNEY ACT 1998 - SECT 105 Relief from personal liability

POWERS OF ATTORNEY ACT 1998 - SECT 105

105 Relief from personal liability

(1) If the court considers—

(a) an attorney is, or may be, personally liable for a breach of this Act; and

(b) the attorney has acted honestly and reasonably and ought fairly to be excused for the breach;

the court may relieve the attorney from all or part of the attorney’s personal liability for the breach.

(2) In this section—


"attorney" means—

(a) an attorney under a general power of attorney made under this Act; or

(b) an attorney under an enduring document; or

(c) an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or

(d) a statutory health attorney.