POWERS OF ATTORNEY ACT 2003 - SECT 12 Prescribed power of attorney does not generally confer authority to confer benefits on attorneys

POWERS OF ATTORNEY ACT 2003 - SECT 12

12 Prescribed power of attorney does not generally confer authority to confer benefits on attorneys

(cf 1919 No 6, s 163B (2) (b))

(1) A prescribed power of attorney does not authorise an attorney to execute an assurance or other document, or to do any other act, as a result of which a benefit would be conferred on the attorney unless the instrument creating the power expressly authorises the conferral of the benefit.

Note : This subsection restates a rule of the general law. Accordingly, whether the conferral of a benefit on an attorney is expressly authorised by a prescribed power of attorney is to be determined by reference to the general principles and rules of the common law and equity concerning the interpretation of powers of attorney.

(2) Without limiting subsection (1), a prescribed power of attorney that includes the prescribed expression for the purposes of this subsection set out in Schedule 3 authorises an attorney to confer on the attorney the kinds of benefits that are specified by that Schedule for that expression.