Section 97A — Protection of Personal and Property Rights Act 1988: Exercise of enduring power of attorney in relation to property

97A Exercise of enduring power of attorney in relation to property (1) This section applies to an attorney acting under an enduring power of attorney in relation to the donor's property if the donor of the power becomes mentally incapable. (2) The paramount consideration of the attorney is to use the donor's property in the promotion and protection of the donor's best interests, while seeking at all times to encourage the donor to develop the donor's competence to manage his or her own affairs in relation to his or her property. (3) This section applies regardless of whether the enduring power of attorney is of the type referred to in section 97(4)(a) or (b). Section 97A: inserted, on 25 September 2008, by section 10 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).