Protection for supportive attorney or other person who does not know appointment does not have effect
114 Protection for supportive attorney or other person who does not know appointment does not have effect
A supportive attorney—
who purports to exercise a power under the supportive attorney appointment; and
who does so in good faith and without knowing the appointment does not have effect—
is entitled to rely on the appointment as against the principal and any other person, despite the fact that the appointment does not have effect.
A person—
who acts in reliance on the purported exercise by a supportive attorney of a power under a supportive attorney appointment; and
who acts in good faith and without knowing the appointment does not have effect—
is entitled to rely on the purported exercise of the power as against the principal and any other person, despite the fact that the appointment does not have effect.
For the purpose of this section, a supportive attorney appointment does not have effect if—
the appointment is invalid; or
the appointment is revoked; or
the appointment does not have effect under section 102.
For the purpose of this section knowing that a supportive attorney appointment does not have effect includes the following—
knowing of the happening of an event that causes the appointment not to have effect;
having reason to believe that the appointment does not have effect.
This Act’s bill:Explanatory memorandumSecond reading speech
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