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POWERS OF ATTORNEY ACT 2014 - SECT 75 Protection for attorney, third person who does not know of invalidity or revocation or breach of condition

POWERS OF ATTORNEY ACT 2014 - SECT 75

Protection for attorney, third person who does not know of invalidity or revocation or breach of condition

    (1)     An attorney—

        (a)     who purports to exercise a power under an enduring power of attorney; and

        (b)     who does so in good faith and without knowing that the power being exercised or the enduring power of attorney is invalid or has been revoked—

is entitled to rely on the power of attorney as against the principal and any other person, despite the invalidity or revocation.

    (2)     If a person—

        (a)     acts in reliance on the purported exercise of a power by an attorney under an enduring power of attorney; and

        (b)     acts in good faith without knowing that the power is invalid or has been revoked—

that person (and any person claiming under that person) is entitled to rely on the purported exercise of the power as against the principal and any other person, despite the invalidity or revocation.