Enduring power of attorney—principal’s impaired decision-making capacity
32 Enduring power of attorney—principal’s impaired decision-making capacity
An enduring power of attorney giving power in relation to a matter is not revoked by the principal becoming a person with impaired decision‑making capacity, either generally or in relation to the matter.
Also, a power under an enduring power of attorney can be exercised—
while the principal has impaired decision-making capacity; and
whether or not a condition about when the power is to start to operate is satisfied.
Example
An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006.
A medical certificate can be evidence that the principal had, or did not have, impaired decision-making capacity (see s 87).
Part 4.3 Things attorneys can and cannot do
Division 4.3.1 Things attorneys can and cannot do generally
This Act’s bill:Explanatory statementSecond reading speech
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