Protection for transaction if dealing with attorney and unaware of invalidity
73 Protection for transaction if dealing with attorney and unaware of invalidity
This section applies to a person who—
deals with a person (the attorney) who is acting, or purporting to act, as an attorney under a power of attorney; and
at the time of the dealing, did not know that the power of attorney, or power under the power of attorney, was invalid.
A transaction between the attorney and the person is, in favour of the person, as valid as if the power of attorney or power were not invalid.
Chapter 7 Proceedings and rights
Note The Guardianship and Management of Property Act 1991, pt 3 deals with proceedings in relation to enduring powers of attorney by the ACAT.
Part 7.1 Interpretation—ch 7
This Act’s bill:Explanatory statementSecond reading speech
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