47
CurrentPrincipal’s capacity for written revocation of power of attorney
Chapter 3Enduring documents
Part 5Revoking an enduring document
Division 1Revocation by principal
47 Principal’s capacity for written revocation of power of attorney
(1)
A principal may revoke an enduring power of attorney in writing only if the principal has the capacity necessary to make an enduring power of attorney giving the same power.
Note—
See section 41 (Principal’s capacity to make an enduring power of attorney).
(2)
However, a principal may revoke an enduring power of attorney in writing, to the extent it gives power for a health matter, if the principal has the capacity necessary to make an enduring power of attorney giving the same power for the health matter.
This Act’s bill:Explanatory memorandum
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