GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 104A
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 104A
104A . Recognition of powers of attorney created in other jurisdictions
(1) The donee of a
power of attorney created under the laws of another State, Territory or
country may apply to the State Administrative Tribunal for an order
recognising that power of attorney as an enduring power of attorney for the
purposes of this Part.
(2) Where the State
Administrative Tribunal is satisfied, on an application made under subsection
(1), that —
(a) a
power of attorney created under the laws of another State, Territory or
country corresponds sufficiently, in form and effect, to a power of attorney
created under section 104; and
(b) it
is appropriate to do so,
the Tribunal may make
an order recognising that power of attorney as an enduring power of attorney
for the purposes of this Part.
(3) Section 41(1) and
(3) apply, with all necessary changes, to an application under subsection (1)
as if it were an application for an administration order.
(4) The State
Administrative Tribunal may at any time on the application of a person who in
the opinion of the Tribunal has a proper interest in the matter revoke an
order made under subsection (2).
[Section 104A inserted: No. 7 of 1996 s. 3;
amended: No. 55 of 2004 s. 452 and 466.]