Operator not to demand power of attorney
98 Operator not to demand power of attorney
The operator of a retirement village commits an offence if the operator requires a resident or prospective resident of the village to give the operator a power of attorney in favour of—
the operator; or
a close associate of the operator; or
a person nominated by the operator.
Maximum penalty: 50 penalty units.
An offence against subsection (1) is a strict liability offence.
A power of attorney given in favour of a person mentioned in subsection (1) (a) to (c) by a resident or prospective resident is void.
Subsection (3) does not apply if the resident or prospective resident who gave the power of attorney is a relative of the operator.
This section has effect despite—
the Powers of Attorney Act 2006; and
the terms of the instrument creating the power of attorney.
The Powers of Attorney Act 2006, s 32 provides that an enduring power of attorney is not revoked even if the person who gave the power of attorney becomes a person with impaired decision‑making capacity.
Division 6.3 Certain rights of residents
This Act’s bill:Explanatory statementSecond reading speech
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