POWERS OF ATTORNEY ACT 2003 - SECT 16 Effect of irrevocable powers of attorney
POWERS OF ATTORNEY ACT 2003 - SECT 16
Effect of irrevocable powers of attorney16 Effect of irrevocable powers of attorney
(cf 1919 No 6, s 160 (1))
(1) The power conferred by an irrevocable power of attorney is not revoked or otherwise terminated by, and remains effective despite, the occurrence of any of the following:(a) anything done by the principal without the concurrence of the attorney,(b) the bankruptcy of the principal,(c) the mental incapacity of the principal,(d) the principal becoming a mentally incapacitated person,(d1) the principal becoming a person who is a managed missing person within the meaning of the NSW Trustee and Guardian Act 2009 ,(e) the death of the principal,(f) if the principal is a corporation, the dissolution of the corporation.
(2) Subsection (1) has effect except to the extent that the instrument creating the irrevocable power of attorney provides otherwise.
Note : Division 2 of Part 5 enables the Supreme Court to order the termination of an irrevocable power of attorney in certain circumstances.