Resignation of attorney’s appointment under power of attorney

Current

(1)

An attorney may resign the attorney’s appointment under a power of attorney by written notice of resignation given to the principal.

(2)

However, if a principal has impaired decision-making capacity for a matter, an attorney under an enduring power of attorney may only resign as attorney for the matter with the leave of the ACAT.

Note

The ACAT may appoint a guardian for the principal (see Guardianship and Management of Property Act 1991, s 7).

(3)

To remove any doubt, a power of attorney is revoked in relation to an attorney if the attorney resigns the attorney’s appointment in accordance with this section.

This Act’s bill:Explanatory statement Second reading speech

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53 Resignation of attorney’s appointment under power of attorney