Victorian Numbered Acts

POWERS OF ATTORNEY ACT 2014 (NO. 57 OF 2014) - SECT 67

    (1)     Subject to any condition or restriction stated in an enduring power of attorney, an attorney for financial matters under the power of attorney may make a gift of the principal's property only if—

        (a)     the gift is reasonable having regard to all the circumstances and, in particular, the principal's financial circumstances; and

        (b)     the gift is—

              (i)     to a relative or a close friend of the principal and is of a seasonal nature or for a special event; or

Example

An example of a special event is a birth or a marriage.

              (ii)     a type of donation that the principal made when the principal had decision making capacity for the matter or that the principal might reasonably be expected to make.

    (2)     A gift may be made under subsection (1) even though the gift is made to—

        (a)     the attorney; or

        (b)     a relative or close friend of the attorney; or

        (c)     an organisation with whom the attorney has a connection.

    (3)     An attorney must keep a written record of any gift by the attorney—

        (a)     that is made to—

              (i)     the attorney; or

              (ii)     a relative or close friend of the attorney; or

              (iii)     an organisation with which the attorney has a connection; and

        (b)     the total value of which is of or over—

              (i)     the prescribed amount; or

              (ii)     if an amount has not been prescribed, $100.

    (4)     A record kept under subsection (3) must set out the amount of the gift and the person or organisation to whom it has been made.