New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 42

42 Procedure where principal incommunicate

(cf 1919 No 6, s 163H)

(1) If the principal under a power of attorney is incommunicate:

(a) proceedings under this Part by the principal:

(i) may be commenced and carried on as prescribed by rules of court, or

(ii) subject to rules of court, may be commenced and carried on as if the principal were mentally incapacitated, and

(b) subject to rules of court, all persons are, in relation to the proceedings, to be as nearly as may be in the like position in law as if the principal were mentally incapacitated.

(2) Subsection (1) does not limit the rule-making powers conferred by the Supreme Court Act 1970 .

(3) A reference to rules of court in subsection (1) includes a reference to rules of the Guardianship Tribunal made under section 75 of the Guardianship Act 1987 in relation to proceedings in that Tribunal brought under this Part.