Joint enduring power of attorney—effect of revocation of powers of attorneys

Current

(1)

This section applies if—

(a)

an attorney’s power under an enduring power of attorney for a matter is revoked; and

(b)

the attorney was authorised to exercise power for the matter under the power of attorney together with 1 or more other attorneys, but not separately; and

(c)

the principal has impaired decision-making capacity.

(2)

If there is only 1 remaining attorney in relation to the matter, the remaining attorney may exercise power for the matter.

(3)

If there are 2 or more remaining attorneys in relation to the matter, the remaining attorneys may exercise power in relation to the matter and, if exercising power, must exercise power together.

This Act’s bill:Explanatory statement Second reading speech

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67 Joint enduring power of attorney—effect of revocation of powers of attorneys