Australian Capital Territory Consolidated Acts

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POWERS OF ATTORNEY ACT 2006 - SECT 14

Limit on s 13 power to appoint attorneys—enduring powers of attorney

    (1)     Under section 13, a principal must not, in an enduring power of attorney, appoint as an attorney for a property matter

        (a)     a corporation other than—

              (i)     the public trustee; or

              (ii)     a trustee company under the Trustee Companies Act 1947 ; or

        (b)     a person who is bankrupt or has executed a personal insolvency agreement.

Note     For the extended meaning of bankrupt and personal insolvency agreement , see the dictionary.

    (2)     Under section 13, a principal must not, in an enduring power of attorney, appoint a corporation as an attorney for a personal care or health care matter.

    (3)     Under section 13, a principal must not, in an enduring power of attorney, appoint the public advocate as an attorney for a matter other than a personal care or health care matter.

    (4)     A person for whom a guardian or manager is appointed under the Guardianship and Management of Property Act 1991 cannot make an enduring power of attorney unless the ACAT approves the provisions of the power.



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