POWERS OF ATTORNEY ACT 2006
Table of Provisions
CHAPTER 1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
CHAPTER 2--GENERAL OVERVIEW AND IMPORTANT CONCEPTS
CHAPTER 3--HOW TO APPOINT AN ATTORNEY
PART 3.1--WHAT THE PRINCIPAL NEEDS TO DO
- 13 Appointment of attorneys
- 14 Limit on s 13 power to appoint attorneys—enduring powers of
- 15 Appointment of attorneys by name or position
- 16 When and how power under power of attorney exercisable
- 17 Understanding nature and effect of making powers of attorney
- 18 Presumption that principal understands nature and effect of making power of
PART 3.2--TECHNICAL REQUIREMENTS
- 19 Formal requirements for powers of attorney
- 20 Who can sign for the principal?
- 21 Who can be a witness?
- 22 Certificates by witnesses to powers of attorney
- 23 Enduring power of attorney ineffective for attorney unless accepted
- 24 Powers of attorney may be made outside ACT
PART 3.3--AUTHORISATION OF 2 OR MORE ATTORNEYS
- 25 Authorisation of 2 or more attorneys under power of attorney
- 26 Multiple attorneys usually joint
- 27 If multiple attorneys cannot exercise power unanimously
- 28 Effect of joint attorney not accepting enduring power of attorney
CHAPTER 4--OPERATION OF POWERS OF ATTORNEY
PART 4.1--OPERATION OF POWERS OF ATTORNEY GENERALLY
- 29 Powers of attorney are deeds
- 30 Principal may act despite giving power of attorney
- 31 How does enduring power of attorney operate while principal has
PART 4.2--OPERATION OF ENDURING POWERS OF ATTORNEY
- 32 Enduring power of attorney—principal's impaired decision-making
PART 4.3--THINGS ATTORNEYS CAN AND CANNOT DO
Division 4.3.1--Things attorneys can and cannot do generally
- 33 Others acting for attorney
- 34 Powers of attorney do not generally give authority to benefit
- 35 Things that cannot be lawfully done by attorneys
- 36 Special personal matters
- 37 Special health care matters
Division 4.3.2--Things attorneys can and cannot do under enduring powers of attorney
- 38 Enduring powers of attorney do not generally give authority to make
- 39 Express general authority to make gifts in enduring powers of
- 40 Express general authority to provide for reasonable living expenses in enduring powers
- 41 Powers to maintain principal's dependants—enduring powers of
CIRCUMSTANCES.PART 4.3A--MEDICAL RESEARCH MATTERS
- 41A Definitions—pt 4.3A
- 41B Attorney must follow decision-making principles
- 41C Attorney may consent to principal's participation in low-risk
- 41D Attorney may consent to principal's participation in medical
- 41E Attorney must not benefit etc from attorney's decision
- 41F Assessment of likelihood of principal regaining decision-making
- 41G Interested person may apply to ACAT for review of attorney's
PART 4.4--OBLIGATIONS OF ATTORNEYS AND OTHERS
Division 4.4.1--Obligations of all attorneys
- 42 Conflict transactions
- 43 Obligation of attorneys to keep interested people informed
Division 4.4.2--Obligations of attorneys under enduring power of attorney—principal with impaired decision-making capacity
- 44 Principles for attorneys under enduring powers of attorney
- 45 Right of attorneys to information—enduring powers of
- 46 Conditions on exercise of power in relation to medical treatment—enduring powers of
- 46A Restrictions on consent by attorney to mental health treatment, care or
- 47 Keeping records—enduring powers of attorney
- 48 Keeping property separate—enduring powers of attorney
Division 4.4.3--Obligations in relation to health care
- 49 Obligations on health care facilities in relation to powers of attorney
PART 4.5--IF ATTORNEYS DO NOT COMPLY WITH ACT
- 50 Compensation for failure to comply with Act—Supreme Court order
- 50A ACAT may order compensation etc
- 51 Compensation under s 50 and later civil proceeding
- 52 Relief from personal liability
CHAPTER 5--ENDING POWERS OF ATTORNEY
- 53 Resignation of attorney's appointment under power of attorney
- 54 No irrevocable powers of attorney
- 55 Advice of revocation of power of attorney
- 56 Revocation of power of attorney according to its terms
- 57 Principal's impaired decision-making capacity—general power of
- 58 Enduring power of attorney sometimes revoked by marriage, civil union or civil
- 59 Enduring power of attorney sometimes revoked by end of marriage, civil union or civil
- 60 Death of principal for power of attorney
- 61 Death of attorney under power of attorney
- 62 Effect of bankruptcy of individual attorney
- 63 Attorney's impaired decision-making capacity for power of attorney
- 64 Effect of winding up etc of corporate attorney
- 65 Multiple attorneys with separate powers—effect of revocation of powers of some
- 66 Joint general power of attorney—effect of revocation of powers of some
- 67 Joint enduring power of attorney—effect of revocation of powers of
- 68 Power of attorney revoked in relation to each attorney
- 69 Revocation by later power of attorney
CHAPTER 6--PROTECTION AND RELIEF FROM LIABILITY
- 70 Definitions—ch 6
- 71 Protection if court or ACAT orders etc
- 72 Protection for attorney if unaware of invalidity
- 73 Protection for transaction if dealing with attorney and unaware of
CHAPTER 7--PROCEEDINGS AND RIGHTS
PART 7.1--INTERPRETATION--CH 7
- 74 Meaning of interested person—ch 7
PART 7.2--ACAT REFERRAL
- 75 ACAT may refer matter to Supreme Court
PART 7.3--SUPREME COURT ORDERS
- 80 Supreme Court—confirming powers understood by principal
- 81 Supreme Court—confirming powers subsequently affirmed by
- 82 Effect of pt 7.3 orders on future acts
PART 7.4--OTHER PROCEEDINGS AND RIGHTS
- 83 Assistance by public trustee and guardian
- 84 Access to principal
- 85 Attorney's health care, medical research or low-risk research decision not in
- 86 Adequate pain relief
- 87 Medical certificate about impaired decision-making capacity
CHAPTER 8--INTERSTATE DOCUMENTS EQUIVALENT TO POWERS OF ATTORNEY
- 88 Recognition of general powers of attorney made under other laws
- 89 Recognition of enduring powers of attorney made under other laws
CHAPTER 9--MISCELLANEOUS
- 90 Dishonestly inducing making etc of power of attorney
- 91 Things that do not indicate impaired decision-making capacity
- 92 Application of Act to powers of attorney
- 93 Powers of attorney forms under Powers of Attorney Act 1956
- 94 Powers of attorney to consent to body part donations etc under Powers of Attorney Act
- 95 Powers of attorney made under Medical Treatment Act 1994
- 96 Approved forms
- 97 Regulation-making power