POWERS OF ATTORNEY ACT 2014 - SECT 31 Appointment of alternative attorneys
POWERS OF ATTORNEY ACT 2014 - SECT 31
Appointment of alternative attorneysS. 31(1) substituted by No. 64/2016 s. 5.
(1) Subject to subsection (1A), a principal under an enduring power of attorney may appoint—
(a) one or more persons as alternative attorneys for an attorney appointed under the power of attorney; or
(b) a person as an alternative attorney in respect of more than one attorney appointed under the power of attorney.
S. 31(1A) inserted by No. 64/2016 s. 5.
(1A) A principal must not appoint a person under subsection (1) unless the person is eligible to be appointed as an attorney under section 28.
(2) An alternative attorney is authorised to act under the enduring power of attorney—
(a) in the circumstances specified in the power of attorney; or
(b) if no circumstances are specified in the power of attorney—
(i) if the attorney for whom the alternative attorney is appointed—
(A) dies; or
(B) does not have the decision making capacity for the matters to which the appointment applies; or
(C) is otherwise not willing or able to act; or
(ii) if the appointment of the attorney for whom the alternative attorney is appointed is revoked by the operation of section 54.
(3) An alternative attorney must act under the enduring power of attorney in the same manner as the attorney for whom the alternative attorney is appointed to act, unless the enduring power of attorney otherwise provides.
Note
See section 30(4) for the manner in which the attorney acts.
(4) The provisions of this Act that relate to enduring powers of attorney apply to an alternative attorney appointed under an enduring power of attorney, when the alternative attorney is acting under the power of attorney, in the same way that they apply to any attorney appointed under the power of attorney.
Division 4—Making the power