27
CurrentIf multiple attorneys cannot exercise power unanimously
Chapter 3How to appoint an attorney
Part 3.2Technical requirements
27 If multiple attorneys cannot exercise power unanimously
(1)
This section applies if—
(a)
2 or more attorneys are authorised under an enduring power of attorney by a principal in relation to a matter; and
(b)
the power of attorney does not state how they are to share a power given to them; and
(c)
the principal has impaired decision-making capacity; and
(d)
it is impracticable or impossible for the attorneys to exercise the power unanimously.
(2)
One or more of the attorneys, or another interested person in relation to the power of attorney, may apply to the ACAT for directions or an order.
(3)
In this section:
interested person—see section 74.
This Act’s bill:Explanatory statementSecond reading speech
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