POWERS OF ATTORNEY ACT 2006 - SECT 17 Understanding nature and effect of making powers of attorney

POWERS OF ATTORNEY ACT 2006 - SECT 17

Understanding the nature and effect of making a power of attorney includes understanding each of the following:

        (a)     that the principal may, in the power of attorney, state or limit the power to be given to an attorney;

        (b)     that the principal may, in the power of attorney, instruct the attorney about the exercise of the power;

        (c)     when the power under the power of attorney can be exercised;

        (d)     that, if the power under a power of attorney can be exercised for a matter, the attorney has the power to make decisions in relation to, and will have full control over, the matter subject to terms or information about exercising the power that are included in the power of attorney;

        (e)     that the principal may revoke the power of attorney at any time the principal is capable of making the power of attorney;

        (f)     for enduring powers of attorney only—

              (i)     that the power given by the principal continues even if the principal becomes a person with impaired decision-making capacity; and

              (ii)     that, at any time the principal is not capable of revoking the power of attorney, the principal cannot effectively oversee the use of the power.

Note     A person has decision-making capacity if the person can make decisions in relation to the person's affairs and understands the nature and effect of the decisions (see s 9 (1)).