When attorney’s power exercisable
33 When attorney’s power exercisable
A principal may specify in an enduring power of attorney a time when, circumstance in which, or occasion on which, a power for a financial matter is exercisable.
However, if the enduring power of attorney does not specify a time when, circumstance in which, or occasion on which, power for a financial matter becomes exercisable, the power becomes exercisable once the enduring power of attorney is made.
Also, if—
a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and
before the specified time, circumstance or occasion, the principal has impaired capacity for the matter;
power for the matter is exercisable during any or every period the principal has the impaired capacity.
Power for a personal matter under the enduring power of attorney is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise.
Note—
However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000, section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66(4).
If an attorney’s power for a matter depends on the principal having impaired capacity for a matter, a person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has the impaired capacity.
This Act’s bill:Explanatory memorandum
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