16
In forceWhen and how power under power of attorney exercisable
Chapter 3How to appoint an attorney
Part 3.1What the principal needs to do
16 When and how power under power of attorney exercisable
(1)
A principal may state in a power of attorney when, and how, power under the power of attorney is exercisable.
Examples of when power may be exercisable
1 if I am outside Australia for more than 1 month
2 if the property at 13 Mae West Drive is sold
3 starting on 14 February 2007
4 if I do not have capacity to make a decision that needs to be made about my treatment, care or support for a mental illness
(2)
However, if the power of attorney does not state when the power is exercisable, the power can be exercised once the power of attorney is made.
This Act’s bill:Explanatory statementSecond reading speech
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