Supreme Court—confirming powers understood by principal
80 Supreme Court—confirming powers understood by principal
A principal with decision-making capacity may apply to the Supreme Court for an order confirming that an attorney had power under a power of attorney to do an act.
The Supreme Court may make an order confirming (whether completely or in part) that the attorney had the power to do the act if satisfied that the principal understood the nature and effect of making the power of attorney when the principal made the power of attorney.
In the absence of evidence to the contrary, the principal is taken to have understood the nature and effect of making a power of attorney when the principal made the power of attorney (see s 18).
This Act’s bill:Explanatory statementSecond reading speech
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