Ending of attorney's power where more than one attorney
62 Ending of attorney's power where more than one attorney
The ending of any power of a joint attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining joint attorney or attorneys who have that power.
The ending of any power of a joint and several attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining joint and several attorney or attorneys who have that power.
The ending of any power of a several or majority attorney under an enduring power of attorney does not affect the ability to exercise that power of any remaining several or majority attorney or attorneys who have that power.
S. 62(3A) inserted by No. 64/2016 s. 8(1).
Despite subsection (3), if the ending of any power of a majority attorney under an enduring power of attorney results in the remaining majority attorneys being no longer able to exercise that power as majority attorneys, then the remaining attorneys must exercise that power jointly.
S. 62(4) amended by No. 64/2016 s. 8(2).
Subsection (1), (2), (3) or (3A) does not apply if the principal specifies otherwise in the enduring power of attorney.
This Act’s bill:Explanatory memorandumSecond reading speech
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