POWERS OF ATTORNEY ACT 2003 - SECT 21 Effect of enduring power of attorney
POWERS OF ATTORNEY ACT 2003 - SECT 21
Effect of enduring power of attorney21 Effect of enduring power of attorney
(cf 1919 No 6, s 163F (2), (3) and (4))
(1) Subject to this Act, an act done by an attorney that is within the scope of the power conferred by an enduring power of attorney and that is of such a nature that it is beyond the understanding of the principal through mental incapacity at the time of the act is as effective as it would have been had the principal understood the nature of the act at that time.
(2) This section does not save a power of attorney from being or becoming ineffective by reason of any matter other than mental incapacity of the principal arising after the execution of the instrument creating the power.
(3) This section applies only if and to the extent that a contrary intention is not expressed in the instrument creating the power and has effect subject to the terms of the instrument creating the power.