Australian Capital Territory Consolidated Acts

POWERS OF ATTORNEY ACT 2006 - SECT 70

In this chapter:

"invalidity", of a power of attorney—

        (a)     means "invalidity "because—

              (i)     the power of attorney purports to have been made under the law of a State or Territory and does not comply with the requirements of that law; or

              (ii)     the person making the power of attorney could not make the power of attorney at the time the person purported to make it; or

              (iii)     the power of attorney has been revoked, either completely or in relation to the person purporting to exercise power under the power of attorney; and

        (b)     includes "invalidity" of the power of attorney for any other reason.

Example—par (a) (ii)

A person purports to make a power of attorney but a guardian has been appointed for the person and the ACAT has not approved the provisions of the power (see s 14 (4)).

Note     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).

"invalidity", of a power under a power of attorney—

        (a)     means "invalidity" because the power is not exercisable at the time it is purportedly exercised; and

        (b)     includes "invalidity" of the power for any other reason.

"know", of the invalidity of a power of attorney or a power under a power of attorney, includes—

        (a)     know of the happening of an event that invalidates the power of attorney or power; or

        (b)     have reason to believe the power of attorney or power is invalid.

"power of attorney" includes a document purporting to be a power of attorney.