POWERS OF ATTORNEY ACT 2014 - SECT 28 Who is eligible to be appointed as an attorney?

POWERS OF ATTORNEY ACT 2014 - SECT 28

    (1)     An individual is eligible to be appointed as an attorney under an enduring power of attorney if the individual is a person—

        (a)     who is of or over 18 years of age; and

        (b)     who is not an insolvent under administration; and

        (c)     who, if the individual is to be an attorney for financial matters—

              (i)     has not been convicted or found guilty of an offence involving dishonesty; or

              (ii)     if the person has been convicted or found guilty of an offence involving dishonesty, has disclosed the conviction or finding of guilt to the principal and the disclosure of the conviction or finding of guilt has been recorded in the enduring power of attorney; and

        (d)     who is not a care worker, a health provider or an accommodation provider for the principal.

    (2)     A trustee company is eligible to be appointed as an attorney for financial matters under an enduring power of attorney if the company is not a company against which a proceeding for winding up has commenced.

    (3)     The Public Advocate is eligible to be appointed as an attorney under an enduring power of attorney for personal matters.