Victorian Consolidated Legislation

Instruments Act 1958 - SECT 125B

Signature and undertaking of attorney required

125B. Signature and undertaking of attorney required



(1) An enduring power of attorney is effective in relation to an attorney only
if the attorney has accepted the appointment in accordance with this section.

(2) The attorney must sign and date a statement of acceptance.





(3) The statement of acceptance must be in the approved form.

Note An approved form is a form approved by the Secretary to the Department of
Justice under section 125ZL.

(4) The statement of acceptance must be endorsed on or attached to the
enduring power of attorney.

(5) The statement of acceptance must include an undertaking by the person
accepting appointment as attorney-

   (a)  to exercise the powers conferred by the enduring power of attorney
        with reasonable diligence to protect the interests of the donor; and

   (b)  to avoid acting where there is any conflict of interest between the
        interests of the donor and the attorney's interests; and

   (c)  to exercise the powers conferred by the enduring power of attorney in
        accordance with this Part.