Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 38C

Manager not to demand power of attorney

38C. Manager not to demand power of attorney



(1) The manager of a retirement village must not-

   (a)  require a resident of the retirement village to give the manager a
        power of attorney in favour of the manager; or

   (b)  accept a power of attorney given in favour of the manager by a
        resident of the retirement village.

Penalty: 60 penalty units.

(2) The manager of a retirement village must not require a resident of the
retirement village to give a power of attorney in favour of-

   (a)  a close associate of the manager; or

   (b)  a person nominated by the manager.

Penalty: 60 penalty units

(3) A person who-

   (a)  is a close associate of the manager of a retirement village; or

   (b)  is nominated by a manager of a retirement village to accept a power of
        attorney from a resident of the village-

must not accept a power of attorney given in favour of that person by a
resident of the retirement village. Penalty: 60 penalty units.

(4) A power of attorney given in favour of a manager of a retirement village
(or a close associate of the manager or a person nominated by the manager) by
a resident of the retirement village is void.

(5) Subsections (1)(b), (3) and (4) do not apply if the resident who gives the
power of attorney is a relative of the manager, close associate or nominated
person (as the case requires).

(6) This section does not apply to any power of attorney that is of a
prescribed class of powers of attorney.

(7) This section has effect despite any term of the power of attorney.