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POWERS OF ATTORNEY ACT 2014 - SECT 41 Regaining decision making capacity does not prevent exercise of power by attorney

POWERS OF ATTORNEY ACT 2014 - SECT 41

Regaining decision making capacity does not prevent exercise of power by attorney

    (1)     If an attorney under an enduring power of attorney has commenced exercising power for any matter under that enduring power of attorney because the principal does not have decision making capacity for the matter, the attorney may continue to exercise that power even if the principal regains decision making capacity for the matter.

    (2)     Nothing in subsection (1) is to be taken to enable a person to exercise power under an enduring power of attorney that is invalid or has been revoked.