(1)  An enduring guardian may only enter into a transaction that results, or may result, in a conflict of interest, if –

(a) the instrument of appointment of the enduring guardian specifies that the transaction may, even though it will or may result in a conflict of interest, be entered into by the enduring guardian; or

(b) the transaction is a member of a class of transactions that the instrument of appointment of the enduring guardian specifies may, even though the transactions will or may result in a conflict of interest, be entered into by the enduring guardian; or

(c) the instrument of appointment of the enduring guardian specifies that, even though such a transaction will or may result in a conflict of interest, any transaction may be entered into by the enduring guardian.

(2)  For the purposes of subsection (1) , a conflict of interest is a conflict between –

(a) the duties of an enduring guardian in respect of the appointor; and

(b) either –

(i) the interests of the enduring guardian, or a relative, business associate or close friend of the enduring guardian; or

(ii) another duty of the enduring guardian.