Western Australian Current Acts Western Australian Current Acts (1) The donee of an
enduring power of attorney —
(a)
shall exercise his powers as attorney with reasonable diligence to protect the
interests of the donor and, if he fails to do so, he is liable to the donor
for any loss occasioned by the failure;
(b)
shall keep and preserve accurate records and accounts of all dealings and
transactions made under the power;
(c)
subject to section 109(2), may not renounce a power during any period of legal
incapacity of the donor; and
(d)
shall, if the donee becomes bankrupt, report that bankruptcy to the State
Administrative Tribunal.
Penalty applicable to paragraph (b): $2 000.
(2) In relation to an
enduring power of attorney recognised by the State Administrative Tribunal
under section 104A(2), subsection (1)(a) and (b) only apply to the
donor’s estate within Western Australia and subsection (1)(c) does not
apply.
[Section 107 amended: No. 7 of 1996 s. 32; No. 70
of 2000 s. 16; No. 55 of 2004 s. 466(1).]