Protection if unaware of change of appointee’s power
56 Protection if unaware of change of appointee’s power
This section applies if—
the tribunal gives power for a matter to a guardian or administrator; and
the power is changed.
The guardian or administrator who, without knowing of the change, purports to exercise power for the matter does not incur any liability, either to the adult or anyone else, because of the change.
A transaction between—
the guardian or administrator who purports to exercise power for the matter; and
a person who does not know of the change;
is, in favour of the person, as valid as if the power had not been changed.
In this section—change, of power for a matter, includes—
suspension of power for the matter; and
removal as guardian or administrator for the matter.
know, of a change of a power, includes—
know of the happening of an event that changes the power; andNote—For an example of an event, an appointment ends if a guardian or administrator for an adult becomes a paid carer, or health provider, for the adult—see section 26 (Automatic revocation).
have reason to believe the change has happened.
This Act’s bill:Explanatory memorandum
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