Australian Capital Territory Consolidated Acts

POWERS OF ATTORNEY ACT 2006 - SECT 32

    (1)     An enduring power of attorney giving power in relation to a matter is not revoked by the principal becoming a person with impaired decision-making capacity, either generally or in relation to the matter.

    (2)     Also, a power under an enduring power of attorney can be exercised—

        (a)     while the principal has impaired decision-making capacity; and

        (b)     whether or not a condition about when the power is to start to operate is satisfied.

Example

An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006.

Note 1     A medical certificate can be evidence that the principal had, or did not have, impaired decision-making capacity (see s 87).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).