POWERS OF ATTORNEY ACT 1998 - SECT 118 Advice, directions and recommendations etc.

POWERS OF ATTORNEY ACT 1998 - SECT 118

118 Advice, directions and recommendations etc.

(1) On an application about a matter, the court may give directions or advice or make a recommendation, order or declaration about the matter or another matter related to this Act, including about—

(a) the interpretation of the terms of, or another issue involving, a power of attorney, enduring power of attorney or advance health directive; or

(b) the exercise of an attorney’s power or another issue involving an attorney’s power.

(2) Without limiting subsection (1) , the court may, by order and subject to the terms the court considers appropriate, authorise an attorney, either generally or in a specific case, to undertake a transaction that the attorney is not otherwise authorised to undertake or may not otherwise be authorised to undertake, if the court is satisfied the transaction would be in accordance with the general principles.

(3) Also, if an attorney undertakes a transaction mentioned in subsection (2) that has not been authorised under that subsection, the court may retrospectively authorise the transaction.

(4) A transaction authorised under subsection (3) is taken to be, and to have always been, as valid as if it had been undertaken under an authorisation given by the court before the attorney undertook the transaction.