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POWERS OF ATTORNEY ACT 1998 - SECT 81 Right of attorney to information

POWERS OF ATTORNEY ACT 1998 - SECT 81

Right of attorney to information

81 Right of attorney to information

(1) An attorney has a right to all the information that the principal would have been entitled to if the principal had capacity and that is necessary to make, for the principal, informed decisions about anything the attorney is authorised to do.
(2) A person who has custody or control of the information must disclose the information to the attorney on request.
(3) This section overrides—
(a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and
(b) for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and
(c) for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege.