Appointment of 1 or more eligible attorneys
43 Appointment of 1 or more eligible attorneys
Only a person who is an eligible attorney may be appointed as an attorney by an enduring document.
Note—
See section 29 (Meaning of eligible attorney).
A principal may appoint 1 or more of the following—
a single attorney for a matter or all matters;
different attorneys for different matters;
a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document;
alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document;
successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends;
joint or several, or joint and several, attorneys for a matter or all matters;
2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters.
However, a principal may not appoint more than 4 joint attorneys for a matter under an enduring power of attorney.
This Act’s bill:Explanatory memorandum
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