Australian Capital Territory Consolidated Acts

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POWERS OF ATTORNEY ACT 2006 - SECT 13

Appointment of attorneys

    (1)     An adult (the principal ) may, by a power of attorney, appoint 1 or more people to do anything for the principal that the principal can lawfully do by an attorney.

Note 1     If a form is approved under s 96 for this provision, the form must be used.

Note 2     The principal must understand the nature and effect of making the power of attorney (see s 17 and s 18).

Note 3     Section 14 contains limits on this general power of appointment in relation to enduring powers of attorney.

Note 4     A power to appoint a person to do something includes a power to appoint a corporation to do the thing (see Legislation Act, s 160 (1)).

    (2)     By an enduring power of attorney, an adult (the principal ) may also appoint 1 or more people to do anything in relation to 1 or more property matters, personal care matters or health care matters for the principal that the principal could lawfully do by an attorney if the principal had decision-making capacity for the matter when the power to do the thing is exercised.

Note     Section 14 contains limits on this general power of appointment.

    (3)     However, an adult must not, by a power of attorney, appoint a child as an attorney.



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