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POWERS OF ATTORNEY ACT 2006 (NO. 50 OF 2006)

Table of Provisions

CHAPTER 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Commencement  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Offences against Act—application of Criminal Code etc  

CHAPTER 2--GENERAL OVERVIEW AND IMPORTANT CONCEPTS

CHAPTER 3--HOW TO APPOINT AN ATTORNEY

PART 3.1--WHAT THE PRINCIPAL NEEDS TO DO

  • 13 Authorisation of attorneys  
  • 14 Limit on s 13 power to appoint attorneys—enduring powers of  
  • 15 Authorisation of attorneys by name or position  
  • 16 When and how power under power of attorney exercisable  
  • 17 Understanding nature and effect of making powers of attorney  
  • 18 Presumption that principal understands nature and effect of making power of  

PART 3.2--TECHNICAL REQUIREMENTS

  • 19 Formal requirements for powers of attorney  
  • 20 Who can sign for the principal?  
  • 21 Who can be a witness?  
  • 22 Certificates by witnesses to powers of attorney  
  • 23 Enduring power of attorney ineffective for attorney unless accepted  
  • 24 Powers of attorney may be made outside ACT  

PART 3.3--APPOINTMENT OF 2 OR MORE ATTORNEYS

  • 25 Appointment of 2 or more attorneys under power of attorney  
  • 26 Multiple attorneys usually joint  
  • 27 If multiple attorneys cannot exercise power unanimously  
  • 28 Effect of joint attorney not accepting enduring power of attorney  

CHAPTER 4--OPERATION OF POWERS OF ATTORNEY

PART 4.1--OPERATION OF POWERS OF ATTORNEY GENERALLY

  • 29 Powers of attorney are deeds  
  • 30 Principal may act despite giving power of attorney  
  • 31 How does enduring power of attorney operate while principal has  

PART 4.2--OPERATION OF ENDURING POWERS OF ATTORNEY

  • 32 Enduring power of attorney—principal's impaired decision-making  

PART 4.3--THINGS ATTORNEYS CAN AND CANNOT DO

Division 4.3.1--Things attorneys can and cannot do generally

  • 33 Others acting for attorney  
  • 34 Powers of attorney do not generally give authority to benefit  
  • 35 Things that cannot be lawfully done by attorneys  
  • 36 Special personal matters  
  • 37 Special health care matters  

Division 4.3.2--Things attorneys can and cannot do under enduring powers of attorney

  • 38 Enduring powers of attorney do not generally give authority to make  
  • 39 Express general authority to make gifts in enduring powers of  
  • 40 Express general authority to provide for reasonable living expenses in enduring powers  
  • 41 Powers to maintain principal's dependants—enduring powers of  

PART 4.4--OBLIGATIONS OF ATTORNEYS AND OTHERS

Division 4.4.1--Obligations of all attorneys

  • 42 Conflict transactions  
  • 43 Obligation of attorneys to keep interested people informed  

Division 4.4.2--Obligations of attorneys under enduring power of attorney—principal with impaired decision-making capacity

  • 44 Principles for attorneys under enduring powers of attorney  
  • 45 Right of attorneys to information—enduring powers of  
  • 46 Conditions on exercise of power in relation to medical treatment—enduring powers of  
  • 47 Keeping records—enduring powers of attorney  
  • 48 Keeping property separate—enduring powers of attorney  

Division 4.4.3--Obligations in relation to health care

  • 49 Obligations on health care facilities in relation to powers of attorney  

PART 4.5--IF ATTORNEYS DO NOT COMPLY WITH ACT

  • 50 Compensation for failure to comply with Act  
  • 51 Compensation under s 50 and later civil proceeding  
  • 52 Relief from personal liability by court  

CHAPTER 5--ENDING POWERS OF ATTORNEY

  • 53 Resignation of attorney's authorisation under power of attorney  
  • 54 No irrevocable powers of attorney  
  • 55 Advice of revocation of power of attorney  
  • 56 Revocation of power of attorney according to its terms  
  • 57 Principal's impaired decision-making capacity—general power of  
  • 58 Enduring power of attorney sometimes revoked by marriage  
  • 59 Enduring power of attorney sometimes revoked by divorce  
  • 60 Death of principal for power of attorney  
  • 61 Death of attorney under power of attorney  
  • 62 Effect of bankruptcy of individual attorney  
  • 63 Attorney's impaired decision-making capacity for power of attorney  
  • 64 Effect of winding up etc of corporate attorney  
  • 65 Multiple attorneys with separate powers—effect of revocation of powers of some  
  • 66 Joint general power of attorney—effect of revocation of powers of some  
  • 67 Joint enduring power of attorney—effect of revocation of powers of  
  • 68 Power of attorney revoked in relation to each attorney  
  • 69 Revocation by later power of attorney  

CHAPTER 6--PROTECTION AND RELIEF FROM LIABILITY

  • 70 Definitions—ch 6  
  • 71 Protection if tribunal or court orders etc  
  • 72 Protection for attorney if unaware of invalidity  
  • 73 Protection for transaction if dealing with attorney and unaware of  

CHAPTER 7--GUARDIANSHIP TRIBUNAL, SUPREME COURT AND PROCEEDINGS AND RIGHTS

PART 7.1--INTERPRETATION--CH 7

  • 74 Meaning of interested person—ch 7  

PART 7.2--GUARDIANSHIP TRIBUNAL

  • 75 Guardianship tribunal directions etc for enduring powers of attorney  
  • 76 Reference of power of attorney matters to Supreme Court  
  • 77 Giving accounts to public advocate—enduring powers of  
  • 78 Declaration about decision-making capacity  
  • 79 Removing attorneys  

PART 7.3--SUPREME COURT ORDERS

  • 80 Supreme Court—confirming powers understood by principal  
  • 81 Supreme Court—confirming powers subsequently affirmed by  
  • 82 Effect of pt 7.3 orders on future acts  

PART 7.4--OTHER PROCEEDINGS AND RIGHTS

  • 83 Public trustee to assist if asked  
  • 84 Access to principal  
  • 85 Attorney's health care decision not in principal's interest  
  • 86 Adequate pain relief  
  • 87 Medical certificate about impaired decision-making capacity  

CHAPTER 8--INTERSTATE DOCUMENTS EQUIVALENT TO POWERS OF ATTORNEY

  • 88 Recognition of general powers of attorney made under other laws  
  • 89 Recognition of enduring powers of attorney made under other laws  

CHAPTER 9--MISCELLANEOUS

  • 90 Dishonestly inducing making etc of power of attorney  
  • 91 Things that do not indicate impaired decision-making capacity  
  • 92 Approved forms  
  • 93 Regulation-making power  

CHAPTER 20--TRANSITIONAL PROVISIONS

  • 150 Definitions—ch 20  
  • 151 Repeal of Powers of Attorney Act 1956  
  • 152 Transitional—application of Act  
  • 153 Transitional—powers of attorney under previous Act, s 6 and s 7  
  • 154 Transitional—powers of attorney made under Medical Treatment Act 1994  
  • 155 Legislation amended—sch 2  
  • 156 Transitional regulations  
  • 157 Expiry—ch 20  

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