POWERS OF ATTORNEY ACT 2014 - SECT 23 Who may make an enduring power of attorney?

POWERS OF ATTORNEY ACT 2014 - SECT 23

    (1)     A person may not make an enduring power of attorney unless—

        (a)     the person is of or over 18 years of age; and

        (b)     the person has decision making capacity in relation to making the enduring power of attorney.

    (2)     For the purpose of section 4(1)(a), understanding the effect of the decision to make an enduring power of attorney includes understanding the following matters—

        (a)     that the principal may, in the power of attorney, place conditions on the power given to the attorney and give instructions to the attorney about the exercise of the power given to the attorney;

        (b)     when the power of attorney commences;

        (c)     that once the power of attorney is exercisable in relation to a matter, the attorney has the same powers the principal has, when the principal has decision making capacity for that matter, to do anything for which the power for that matter is given;

        (d)     that the principal may revoke the power of attorney at any time when the principal has decision making capacity in relation to making the power of attorney;

        (e)     that the power of attorney continues even if the principal subsequently becomes a person who does not have decision making capacity for a matter in the power of attorney;

        (f)     that at any time when the principal does not have decision making capacity in relation to revoking the power of attorney, the principal is unable to effectively oversee the use of the power.