POWERS OF ATTORNEY ACT 1998 - SECT 113 Declaration about validity

POWERS OF ATTORNEY ACT 1998 - SECT 113

113 Declaration about validity

(1) The court may decide the validity of a power of attorney, enduring power of attorney or advance health directive.

(2) The court may declare a document mentioned in subsection (1) invalid if the court is satisfied—

(a) the principal did not have the capacity necessary to make it; or

Note—

See sections 41 (Principal’s capacity to make an enduring power of attorney) and 42 (Principal’s capacity to make an advance health directive).

(b) it does not comply with the other requirements of this Act; or

Note—

See chapter 2 , part 2 (Making a power of attorney other than an enduring power of attorney) and chapter 3 , part 4 (Making an enduring document), particularly section 44 (Formal requirements).

(c) it is invalid for another reason, for example, the principal was induced to make it by dishonesty or undue influence.

(3) If the court declares the document invalid, the court may, at the same time, appoint 1 or more attorneys for the principal.

Note—

The court is not limited to appointing an
"eligible attorney" (defined in section 29 ).