POWERS OF ATTORNEY ACT 2014 - SECT 54 Revocation of appointment and notification of revocation, winding up etc.

POWERS OF ATTORNEY ACT 2014 - SECT 54

    (1)     An enduring power of attorney is revoked so far as it gives power to an attorney who is an individual, if, after appointment—

        (a)     the attorney becomes an insolvent under administration; or

        (b)     the attorney becomes a care worker, a health provider or an accommodation provider for the principal; or

        (c)     for an attorney for financial matters, the attorney is convicted or found guilty of an offence involving dishonesty.

    (2)     An enduring power of attorney is revoked so far as it gives power to an attorney that is a trustee company, if, after appointment of the trustee company the company is wound up or ceases to be registered.

    (3)     An attorney must take reasonable steps to give notice in accordance with subsection (4)—

        (a)     if the appointment of the attorney is revoked by the operation of subsection (1) or (2); or

        (b)     in the case of an attorney that is a trustee company, if—

              (i)     a proceeding against the company for winding up commences; or

              (ii)     the company is convicted or found guilty of an offence involving dishonesty.

    (4)     Notice of an event referred to in subsection (3)(a) or (b) must be given to—

        (a)     the principal, if the principal has decision making capacity for the matter for which the attorney has power; and

        (b)     any other attorney; and

        (c)     any alternative attorney; and

        (d)     if the principal does not have decision making capacity for the matter for which the attorney has power and there is no person to notify under paragraph (b) or (c)—

              (i)     the nearest relative of the principal; or

              (ii)     if the attorney is not able to notify the nearest relative, the Public Advocate.

    (5)     A notification under subsection (3) must be in the prescribed form.

Note

See section 53 of the Interpretation of Legislation Act 1984 for the effect of a form in or to the like effect of the prescribed form.

    (6)     A failure by the attorney to give a notification under this section does not affect the validity of the revocation of the power.

Note

VCAT also has power to revoke a power of attorney, see Part 8.

S. 55 (Heading) amended by No. 64/2016 s. 6(1).