Matters for which power cannot be given under an enduring power of attorney
26 Matters for which power cannot be given under an enduring power of attorney
To avoid doubt, despite section 22, a principal under an enduring power of attorney is not able to authorise an attorney under that power to—
make or revoke a will for the principal; or
make or revoke an enduring power of attorney for the principal; or
vote on the principal's behalf in an election for the State or the Commonwealth or another State or a Territory of the Commonwealth or a local election or a referendum; or
consent to the entering into or dissolution of a marriage of the principal or of a sexual relationship of the principal; or
make or give effect to a decision—
about the care and wellbeing of any child of the principal; or
about the adoption of a child under 18 years of age of the principal; or
to enter into, or agree to enter into, a surrogacy arrangement, within the meaning of the Assisted Reproductive Treatment Act 2008, on the principal's behalf; or
consent to the making or discharge of a substitute parentage order, within the meaning of the Status of Children Act 1974, on the principal's behalf; or
manage the estate of the principal on the death of the principal; or
consent to an unlawful act.
This Act’s bill:Explanatory memorandumSecond reading speech
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