Later enduring document
50 Later enduring document
A principal’s enduring power of attorney is revoked, to the extent of an inconsistency, by a later enduring document of the principal.
Example—
If a principal gives—
power for a matter to an attorney by an enduring power of attorney; and
either—
power for the matter to a different attorney by a later enduring power of attorney; or
a direction about the matter in a later advance health directive;
the earlier enduring power of attorney is revoked to the extent it gives power for the matter.
A principal’s advance health directive is revoked, to the extent of an inconsistency, by a later advance health directive.
Note—
If there is a direction about a health matter in an advance health directive and a later enduring power of attorney giving an attorney power for the health matter, the direction prevails. See the Guardianship and Administration Act 2000, section 66 (Adult with impaired capacity—order of priority in dealing with health matter).
This Act’s bill:Explanatory memorandum
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