{"id":"a-2006-50","name":"Powers of Attorney Act 2006","slug":"powers-of-attorney-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"50 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24087,"registerId":"act-a-2006-50-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Powers of Attorney Act 2006.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘decision-making capacity—see\nsection 9 (1).’ means that the term ‘decision-making capacity’ is defined\nin that subsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General overview and","content":"Chapter 2 General overview and\nimportant concepts\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Principal and attorney","content":"6 Principal and attorney\nAn attorney is a person who is authorised under a power of attorney\nto make decisions and do particular other things for the person (the\nprincipal) who made the power of attorney.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"What is a general power of attorney?","content":"7 What is a general power of attorney?\nA general power of attorney is a power of attorney under this Act\nthat operates only while the principal has decision-making capacity.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"What is an enduring power of attorney?","content":"8 What is an enduring power of attorney?\nAn enduring power of attorney is a power of attorney under this Act\nthat is not revoked by the principal becoming a person with impaired\ndecision-making capacity.\nNote An enduring power of attorney operates as a general power of attorney in\nrelation to property matters while the principal has decision-making\ncapacity (see s 31).\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"What are decision-making capacity and impaired","content":"9 What are decision-making capacity and impaired\ndecision-making capacity?\n(1) For this Act, a person has decision-making capacity if the person can\nmake decisions in relation to the person’s affairs and understands the\nnature and effect of the decisions.\n\nGeneral overview and important concepts Chapter 2\n(2) For this Act, a person has impaired decision-making capacity if the\nperson cannot make decisions in relation to the person’s affairs or\ndoes not understand the nature or effect of the decisions the person\nmakes in relation to the person’s affairs.\nNote 1 A person is not taken to have impaired decision-making capacity only\nbecause of certain attributes or behaviours (see s 91).\nNote 2 For the criteria to work out if a person understands the nature and effect\nof making an enduring power of attorney, see s 17.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of property matter","content":"10 Meaning of property matter\nproperty matter, for a principal, means a matter relating to the\nprincipal’s property.\nExamples of property matters a power of attorney may deal with\n1 paying maintenance and accommodation expenses for the principal and the\nprincipal’s dependants\n2 paying the principal’s debts and expenses\n3 receiving and recovering amounts payable to the principal\n4 carrying on the principal’s trade or business\n5 performing contracts entered into by the principal\n6 discharging a mortgage over the principal’s property\n7 paying rates, taxes and other outgoings for the principal’s property\n8 insuring the principal or the principal’s property\n9 preserving or improving the principal’s estate\n10 investing in authorised investments for the principal\n11 continuing investments of the principal, including taking up rights to share\nissues, or options for new shares, to which the principal becomes entitled\nbecause of the principal’s shareholding\n12 undertaking transactions for the principal involving the use of the principal’s\nproperty as security for the benefit of the principal\n13 undertaking a real estate transaction for the principal\n14 dealing with land under the Land Titles Act 1925 for the principal\n\n15 withdrawing amounts from, or depositing amounts into, an account of the\nprincipal held with an authorised deposit-taking institution\n16 legal matters in relation to the principal’s finances and property\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of personal care matter","content":"11 Meaning of personal care matter\npersonal care matter, for a principal, means a matter, other than a\nhealth care matter, special personal matter, special health care matter\nor medical research matter relating to the principal’s personal care,\nincluding the principal’s welfare.\nExamples of personal care matters a power of attorney may deal with\n1 where the principal lives\n2 who the principal lives with\n3 whether the principal works and, if the principal works, where and how the\nprincipal works\n4 what education or training the principal gets\n5 whether the principal applies for a licence or permit\n6 the principal’s daily dress and diet\n7 whether to consent to a forensic examination of the principal\n8 whether the principal will go on holiday and where\n9 legal matters relating to the principal’s personal care\nNote Special personal matter—see s 36. Special health care matter—\nsee s 37.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of health care matter","content":"12 Meaning of health care matter\nhealth care matter, for a principal, means a matter, other than a\nspecial health care matter or medical research matter, relating to the\nprincipal’s health care.\nExamples of health care matters a power of attorney may deal with\n1 consenting to lawful medical treatment necessary for the principal’s wellbeing\n2 donations (other than donations of non-regenerative tissue) under the\nTransplantation and Anatomy Act 1978 by the principal to someone else\n\nGeneral overview and important concepts Chapter 2\n3 withholding or withdrawal of medical treatment for the principal\n4 legal matters relating to the principal’s health care\n5 consenting to treatment for a mental illness (other than electroconvulsive\ntherapy or psychiatric surgery) necessary for the principal’s wellbeing\nNote Special health care matter—see s 37.\n","sortOrder":11},{"sectionNumber":"12A","sectionType":"section","heading":"Meaning of medical research matter","content":"12A Meaning of medical research matter\n(1) In this Act:\nmedical research matter, for a principal, means a matter relating to\nthe principal’s participation in—\n(a) medical research; or\n(b) low-risk research.\nNote The power given to an attorney under an enduring power of attorney in\nrelation to medical research matters must be exercised in accordance with\npt 4.3A (Medical research matters).\nlow-risk research, in relation to a person—see section 41A.\nmedical research, in relation to a person—see section 41A.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Appointment of attorneys","content":"13 Appointment of attorneys\n(1) An adult (the principal) may, by a power of attorney, appoint 1 or\nmore people to do anything for the principal that the principal can\nlawfully do by an attorney.\nNote 1 The principal must understand the nature and effect of making the power\nof attorney (see s 17 and s 18).\nNote 2 Section 14 contains limits on this general power of appointment in\nrelation to enduring powers of attorney.\nNote 3 A power to appoint a person to do something includes a power to appoint\na corporation to do the thing (see Legislation Act, s 160 (1)).\n(2) By an enduring power of attorney, an adult (the principal) may also\nappoint 1 or more people to do anything in relation to 1 or more\nproperty matters, personal care matters, health care matters or\nmedical research matters for the principal that the principal could\nlawfully do by an attorney if the principal had decision-making\ncapacity for the matter when the power to do the thing is exercised.\n(3) However, an adult must not, by a power of attorney, appoint a person\nyounger than 18 years old as an attorney.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Limit on s 13 power to appoint attorneys—enduring","content":"14 Limit on s 13 power to appoint attorneys—enduring\n(1) Under section 13, a principal must not, in an enduring power of\nattorney, appoint as an attorney for a property matter—\n(a) a corporation other than—\n(i) the public trustee and guardian; or\n\nWhat the principal needs to do Part 3.1\n(ii) a trustee company under the Trustee Companies Act 1947;\nor\n(b) a person who is bankrupt or personally insolvent.\n(2) Under section 13, a principal must not, in an enduring power of\nattorney, appoint a corporation, other than the public trustee and\nguardian, as an attorney for a personal care matter, health care matter\nor medical research matter.\n(3) A person for whom a guardian or manager is appointed under the\nGuardianship and Management of Property Act 1991 cannot make\nan enduring power of attorney unless the ACAT approves the\nprovisions of the power.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of attorneys by name or position","content":"15 Appointment of attorneys by name or position\nA principal may appoint a person to act under a power of attorney\nby—\n(a) naming the person; or\n(b) nominating the occupant of a position (however described), at a\nparticular time or from time to time.\nNote The principal may revoke a power of attorney if the principal has\ndecision-making capacity.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"When and how power under power of attorney","content":"16 When and how power under power of attorney\nexercisable\n(1) A principal may state in a power of attorney when, and how, power\nunder the power of attorney is exercisable.\nExamples of when power may be exercisable\n1 if I am outside Australia for more than 1 month\n2 if the property at 13 Mae West Drive is sold\n3 starting on 14 February 2007\n4 if I do not have capacity to make a decision that needs to be made about my\ntreatment, care or support for a mental illness\n\n(2) However, if the power of attorney does not state when the power is\nexercisable, the power can be exercised once the power of attorney is\nmade.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Understanding nature and effect of making powers of","content":"17 Understanding nature and effect of making powers of\nUnderstanding the nature and effect of making a power of attorney\nincludes understanding each of the following:\n(a) that the principal may, in the power of attorney, state or limit the\npower to be given to an attorney;\n(b) that the principal may, in the power of attorney, instruct the\nattorney about the exercise of the power;\n(c) when the power under the power of attorney can be exercised;\n(d) that, if the power under a power of attorney can be exercised for\na matter, the attorney has the power to make decisions in relation\nto, and will have full control over, the matter subject to terms or\ninformation about exercising the power that are included in the\npower of attorney;\n(e) that the principal may revoke the power of attorney at any time\nthe principal is capable of making the power of attorney;\n(f) for enduring powers of attorney only—\n(i) that the power given by the principal continues even if the\nprincipal becomes a person with impaired decision-making\ncapacity; and\n(ii) that, at any time the principal is not capable of revoking the\npower of attorney, the principal cannot effectively oversee\nthe use of the power.\nNote A person has decision-making capacity if the person can make decisions\nin relation to the person’s affairs and understands the nature and effect of\nthe decisions (see s 9 (1)).\n\nWhat the principal needs to do Part 3.1\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Presumption that principal understands nature and effect","content":"18 Presumption that principal understands nature and effect\nof making power of attorney\nIn the absence of evidence to the contrary, a principal who makes a\npower of attorney is taken, for this Act, to understand the nature and\neffect of making the power of attorney.\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Formal requirements for powers of attorney","content":"19 Formal requirements for powers of attorney\n(1) A power of attorney must be signed—\n(a) by the principal; or\n(b) by the direction, and in the presence, of the principal, by\nsomeone eligible to sign for the principal.\nNote See s 20 for who is eligible to sign for the principal.\n(2) The power of attorney must—\n(a) be signed and dated by 2 adult witnesses in the presence of the\nprincipal and each other; and\n(b) contain a certificate signed by each witness in accordance with\nsection 22.\nNote Section 21 sets out who can be a witness to a power of attorney.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Who can sign for the principal?","content":"20 Who can sign for the principal?\nA person is eligible to sign a power of attorney for the principal if the\nperson—\n(a) is an adult; and\n(b) is not a witness for the power of attorney; and\n(c) is not an attorney for the principal.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Who can be a witness?","content":"21 Who can be a witness?\n(1) A person cannot be a witness to a power of attorney if the person is—\n(a) a person signing the power of attorney for the principal; or\n(b) a person appointed as attorney under the power of attorney; or\n(c) a child.\n\nTechnical requirements Part 3.2\n(2) Only 1 of the witnesses to the power of attorney can be a relative of—\n(a) the principal; or\n(b) a person appointed as attorney under the power of attorney.\n(3) For an enduring power of attorney, 1 witness must be a person\nauthorised to witness the signing of a statutory declaration.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Certificates by witnesses to powers of attorney","content":"22 Certificates by witnesses to powers of attorney\n(1) If a power of attorney is signed by the principal, the power of attorney\nmust include a certificate signed by each witness stating that—\n(a) the principal signed the power of attorney voluntarily in the\npresence of the witness; and\n(b) at the time the principal signed the power of attorney, the\nprincipal appeared to the witness to understand the nature and\neffect of making the power of attorney.\nNote A principal must understand the matters in s 17 to understand the nature and\neffect of making a power of attorney. However, in the absence of evidence\nto the contrary, the principal is taken to understand the nature and effect of\nmaking the power of attorney (see s 18).\n(2) If a power of attorney is signed by a person for the principal, the\npower of attorney must include a certificate signed by each witness\nstating that—\n(a) the principal directed the person to sign the power of attorney\nfor the principal; and\n(b) the principal gave the direction voluntarily in the presence of the\nwitness; and\n(c) the person signed the power of attorney in the presence of the\nprincipal and the witness; and\n(d) at the time the principal gave the direction to sign the power of\nattorney, the principal appeared to the witness to understand the\nnature and effect of making the power of attorney.\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Enduring power of attorney ineffective for attorney","content":"23 Enduring power of attorney ineffective for attorney\nunless accepted\nAn enduring power of attorney is effective in relation to an attorney\nonly if the attorney has accepted the appointment by signing the\nenduring power of attorney.\nNote For what happens if 1 of multiple attorneys does not accept appointment,\nsee section 28.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Powers of attorney may be made outside ACT","content":"24 Powers of attorney may be made outside ACT\nFor this Act, it does not matter whether a power of attorney made\nunder this Act is made in or outside the ACT.\n\nAuthorisation of 2 or more attorneys Part 3.3\n","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 Authorisation of 2 or more","content":"Part 3.3 Authorisation of 2 or more\nattorneys\nNote to pt 3.3\nFor provisions about multiple attorneys and revocation, see s 65 to s 68.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Authorisation of 2 or more attorneys under power of","content":"25 Authorisation of 2 or more attorneys under power of\nA principal may, under a power of attorney, authorise 2 or more\nattorneys in either or both of the following ways:\n(a) by authorising the attorneys to act together or separately, or in\nany combination;\n(b) by authorising different attorneys to act in different\ncircumstances, on the happening of different events or in\nrelation to different matters.\n1 A power of attorney authorises Jo to act for the principal only if Wilhelm\n(another attorney) becomes a person with impaired decision-making capacity.\n2 A power of attorney authorises Frank to act for the principal until Melissa turns\n18 and becomes the attorney.\n3 A power of attorney authorises Violet and Ian as attorneys to act separately for\nthe principal, except in relation to health care matters when they must make\ndecisions together.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Multiple attorneys usually joint","content":"26 Multiple attorneys usually joint\n(a) 2 or more attorneys are authorised under a power of attorney in\nrelation to a matter; and\n(b) the power of attorney does not state how they are to share a\npower given to them.\n(2) The attorneys are authorised to exercise the power together but not\nseparately.\n\nPart 3.3 Authorisation of 2 or more attorneys\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"If multiple attorneys cannot exercise power unanimously","content":"27 If multiple attorneys cannot exercise power unanimously\n(a) 2 or more attorneys are authorised under an enduring power of\nattorney by a principal in relation to a matter; and\n(b) the power of attorney does not state how they are to share a\npower given to them; and\n(c) the principal has impaired decision-making capacity; and\n(d) it is impracticable or impossible for the attorneys to exercise the\npower unanimously.\n(2) One or more of the attorneys, or another interested person in relation\nto the power of attorney, may apply to the ACAT for directions or an\norder.\ninterested person—see section 74.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Effect of joint attorney not accepting enduring power of","content":"28 Effect of joint attorney not accepting enduring power of\n(a) an enduring power of attorney authorises 3 or more attorneys to\nexercise a power together but not separately; and\n(b) the power of attorney does not require a stated number of\nattorneys to accept the power of attorney before the attorneys\nmay exercise the power; and\n(c) not all, but at least 2, of the attorneys have accepted the power\nof attorney.\n\nAuthorisation of 2 or more attorneys Part 3.3\n(2) The attorneys who have accepted the power under the enduring power\nof attorney may exercise the power.\nExample\nAlex authorises Beryl, Claude and David to act together as attorneys under an\nenduring power of attorney. Beryl and David accept the power of attorney, Claude\ndoes not. Beryl and David may exercise a power under the power of attorney\ntogether. Claude accepts the enduring power of attorney later. After Claude\naccepts, Beryl and David cannot exercise the power without Claude.\n(3) However, if the enduring power of attorney requires a stated number\nof attorneys to exercise a power together, the power must not be\nexercised unless that number of attorneys accepts the power of\n\nPart 4.1 Operation of powers of attorney generally\nChapter 4 Operation of powers of\nPart 4.1 Operation of powers of attorney\ngenerally\n29 Powers of attorney are deeds\n(1) A power of attorney that complies with this Act is, for all purposes,\ntaken to be a deed, even though it is not expressed to be a deed or to\nbe sealed.\nNote A deed may be registered (see Registration of Deeds Act 1957) and must\nbe registered for a dealing with land by the attorney to be registered (see\nLand Titles Act 1925, s 130).\npower of attorney includes—\n(a) an amendment of a power of attorney; and\n(b) a revocation of a power of attorney.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Principal may act despite giving power of attorney","content":"30 Principal may act despite giving power of attorney\nTo remove any doubt, the giving of a power of attorney does not\naffect the principal’s power to do anything that the principal is\notherwise legally capable of doing.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"How does enduring power of attorney operate while","content":"31 How does enduring power of attorney operate while\nprincipal has capacity?\n(1) This section applies to an enduring power of attorney that operates\nwhile the principal has decision-making capacity.\n(2) While the principal has decision-making capacity, the power of\nattorney operates as a general power of attorney in relation to property\nmatters.\n\nOperation of enduring powers of attorney Part 4.2\n","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"2 Operation of enduring powers of","content":"Part 4.2 Operation of enduring powers of\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Enduring power of attorney—principal’s impaired","content":"32 Enduring power of attorney—principal’s impaired\ndecision-making capacity\n(1) An enduring power of attorney giving power in relation to a matter is\nnot revoked by the principal becoming a person with impaired\ndecision-making capacity, either generally or in relation to the matter.\n(2) Also, a power under an enduring power of attorney can be\nexercised—\n(a) while the principal has impaired decision-making capacity; and\n(b) whether or not a condition about when the power is to start to\noperate is satisfied.\nExample\nAn enduring power of attorney appointing Jack is stated to take effect on 3 January\n2007. However, the principal becomes a person with impaired decision-making\ncapacity on 27 October 2006. Jack can exercise a power under the enduring power\nof attorney starting on 27 October 2006.\nNote A medical certificate can be evidence that the principal had, or did not\nhave, impaired decision-making capacity (see s 87).\n\nPart 4.3 Things attorneys can and cannot\ndo\nDivision 4.3.1 Things attorneys can and cannot do\ngenerally\n33 Others acting for attorney\n(1) An attorney under a general power of attorney may authorise\nsomeone else to exercise 1 or more of the attorney’s powers, whether\nor not there is express power for the authorisation.\nExamples of authorisations\n1 substitute decision-maker\n2 delegate\n3 sub-attorney\n(2) An enduring power of attorney does not authorise an attorney to\nauthorise anyone else to exercise the powers of the attorney while the\n(3) However, if an enduring power of attorney expressly authorises an\nattorney to authorise someone else to exercise 1 or more of the\nattorney’s powers, the attorney may, in accordance with the express\nauthorisation, authorise someone else to exercise the attorney’s\npowers if—\n(a) the person could be appointed as an attorney under an enduring\npower of attorney; and\n(b) the person authorised is known to the principal, or was known\nto the principal when the principal had decision-making\ncapacity.\n(4) To remove any doubt, a person authorised under this section to\nexercise an attorney’s powers is taken to be the attorney for this Act.\n\nThings attorneys can and cannot do generally Division 4.3.1\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Powers of attorney do not generally give authority to","content":"34 Powers of attorney do not generally give authority to\nbenefit attorneys\nA power of attorney does not authorise an attorney to execute an\nassurance or other document, or do anything else, that would result in\na benefit being given to the attorney unless the power of attorney\nexpressly authorises the giving of a benefit of that kind to the\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Things that cannot be lawfully done by attorneys","content":"35 Things that cannot be lawfully done by attorneys\nA principal cannot do the following by an attorney under a power of\nattorney:\n(a) authorise the attorney to exercise power in relation to special\npersonal matters;\n(b) authorise the attorney to exercise power in relation to special\nhealth care matters.\nNote Special personal matter—see s 36. Special health care matter—\nsee s 37.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Special personal matters","content":"36 Special personal matters\n(1) For this Act, each of the following is a special personal matter for a\nprincipal:\n(a) making or revoking the principal’s will;\n(b) making or revoking a power of attorney for the principal;\n(c) exercising the principal’s right to vote in a Commonwealth,\nTerritory, State or local government election or referendum;\n(d) consenting to the adoption of a child of the principal who is\nunder 18 years;\n(e) consenting to the marriage of the principal.\n\nwill includes a codicil.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Special health care matters","content":"37 Special health care matters\n(1) For this Act, each of the following is a special health care matter for\na principal:\n(a) removal of non-regenerative tissue from the principal while\nalive for donation to someone else;\n(b) sterilisation of the principal if the principal is, or is reasonably\nlikely to be, fertile;\n(c) termination of the principal’s pregnancy;\n(d) electroconvulsive therapy or psychiatric surgery;\n(e) requesting access to, revoking a request to access, or accessing\nvoluntary assisted dying;\n(f) health care prescribed by regulation.\nNote Health care—see the dictionary.\nelectroconvulsive therapy—see the Mental Health Act 2015,\nsection 145.\n\nThings attorneys can and cannot do generally Division 4.3.1\nhealth care primarily to treat organic malfunction or disease, of a\nprincipal, means health care without which an organic malfunction or\ndisease of the principal is likely to cause serious or irreversible\ndamage to the principal’s physical health.\n1 Health care involving sterilisation may be primarily to treat organic\nmalfunction or disease if the principal has cancer affecting the reproductive\nsystem or cryptorchidism.\n","sortOrder":37},{"sectionNumber":"2","sectionType":"section","heading":"A procedure involving termination of a principal’s pregnancy may be","content":"2 A procedure involving termination of a principal’s pregnancy may be\nprimarily to treat organic malfunction if the principal requires abdominal\nsurgery for injuries sustained in an accident.\nNote Health care primarily to treat organic malfunction or disease is used in\nthe definitions of sterilisation and termination.\nnon-regenerative tissue—see the Transplantation and Anatomy\nAct 1978, dictionary.\npsychiatric surgery—see the Mental Health Act 2015, section 145.\nsterilisation, of a principal—\n(a) means health care of the principal that is intended, or reasonably\nlikely, to make the principal, or ensure the principal is,\npermanently infertile; but\n(b) does not include health care primarily to treat organic\nmalfunction or disease of the principal.\nExamples of sterilisation if not primarily to treat organic malfunction or\ndisease\n1 endometrial ablation\n2 hysterectomy\n3 tubal ligation\n4 vasectomy\ntermination, of a principal’s pregnancy, does not include health care\nprimarily to treat organic malfunction or disease of the principal.\n\nDivision 4.3.2 Things attorneys can and cannot do under enduring powers of attorney\nDivision 4.3.2 Things attorneys can and cannot do\nunder enduring powers of attorney\n38 Enduring powers of attorney do not generally give\nauthority to make gifts\nAn enduring power of attorney does not authorise the attorney to\nmake a gift of all or any of the principal’s property to anyone else\nunless the power of attorney expressly authorises the making of the\ngift.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Express general authority to make gifts in enduring","content":"39 Express general authority to make gifts in enduring\n(1) This section applies if an enduring power of attorney contains a\ngeneral authorisation to make gifts.\n(2) A general authorisation to make gifts (however described) in an\nenduring power of attorney authorises the following gifts:\n(a) a gift made to a relative or close friend of the principal for a\ncelebration or special event;\n(b) a gift that is a donation of a kind that—\n(i) the principal made when the principal had decision-making\ncapacity; or\n(ii) the principal might reasonably be expected to make.\nExamples of celebrations for par (a)\n1 birthday\n2 Easter\n3 Hanukah\nExamples of special events for par (a)\n1 birth\n2 marriage\n3 graduation\n\nThings attorneys can and cannot do under enduring powers of attorney Division 4.3.2\n(3) However, the general authorisation to make gifts in an enduring\npower of attorney does not authorise making a gift mentioned in\nsubsection (2) if the value of the gift is more than is reasonable to\nmake.\n(4) In working out what is reasonable for subsection (3), and without\nlimiting what must be considered, the principal’s financial\ncircumstances and the size of the principal’s estate must be\nconsidered.\n(5) Subsection (2) does not prevent the attorney, or a charity with which\nthe attorney has a connection, from receiving a gift under the general\nauthorisation to make gifts.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Express general authority to provide for reasonable living","content":"40 Express general authority to provide for reasonable living\nexpenses in enduring powers of attorney\n(1) This section applies if an enduring power of attorney expressly\nauthorises the payment of reasonable living expenses (however\ndescribed) for a named person.\n(2) Unless the power of attorney expressly provides otherwise, the power\nof attorney only authorises the payment of reasonable costs of the\nfollowing in relation to the named person:\n(a) housing;\n(b) food;\n(c) education;\n(d) transportation;\n(e) medical care and medication.\n(3) In working out what are reasonable costs for subsection (2), and\nwithout limiting what must be considered, the principal’s financial\ncircumstances and the size of the principal’s estate must be\nconsidered.\n\n","sortOrder":40},{"sectionNumber":"Div 4","sectionType":"division","heading":"3.2 Things attorneys can and cannot do under enduring powers of attorney","content":"Division 4.3.2 Things attorneys can and cannot do under enduring powers of attorney\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Powers to maintain principal’s dependants—enduring","content":"41 Powers to maintain principal’s dependants—enduring\n(1) An attorney for a property matter under an enduring power of attorney\nmay provide from the principal’s estate for the needs of a dependant\nof the principal.\n(2) However, unless there is a contrary intention expressed in the\nenduring power of attorney, what is provided must not be more than\nwhat is reasonable considering all the circumstances and, in\nparticular, the principal’s financial circumstances.\n\n","sortOrder":42},{"sectionNumber":"41A","sectionType":"section","heading":"Definitions—pt 4.3A","content":"41A Definitions—pt 4.3A\n(1) In this part:\napproved, for medical research or low-risk research, means medical\nresearch or low-risk research approved by a human research ethics\ncommittee constituted in accordance with, and acting in compliance\nwith, the National Statement on Ethical Conduct in Human Research\n(2007), published by the NHMRC, as in force from time to time.\nNote The National Statement on Ethical Conduct in Human Research (2007)\nis accessible at www.nhmrc.gov.au.\nlow-risk research, in relation to a person—\n(a) means research carried out for medical or health purposes that—\n(i) poses no foreseeable risk of harm to the person, other than\nany harm usually associated with the person’s condition;\nand\n(ii) does not change the treatment appropriate for the person’s\ncondition; but\n(b) does not include research that is part of a clinical trial, unless the\ntrial is evaluating only the following:\n(i) a therapeutic good that is included in the Australian\nRegister of Therapeutic Goods (other than the part of the\nRegister for goods known as provisionally registered\ngoods);\n\n(ii) a health care procedure, process or technique supported by\na substantial number of practitioners in the relevant field of\nhealth care.\n1 a comparative assessment of the effects of different methods of drug\nadministration proven to be beneficial in the treatment of a condition (such as\na continuous infusion as opposed to a once-a-day administration)\n2 a comparative assessment of the angle at which to set a tilt bed to best assist a\nperson’s breathing\n3 research comparing the effectiveness of paracetamol and ibuprofen during\nroutine health care\nmedical research, in relation to a person—\n(a) means research in relation to the diagnosis, maintenance or\ntreatment of a medical condition that the person has or has had\nor to which the person has a significant risk of being exposed;\nand\n(b) includes—\n(i) experimental health care; and\n(ii) the administration of medication or the use of equipment\nor a device as part of a clinical trial; and\n(iii) research prescribed by regulation as medical research; but\n(c) does not include—\n(i) low-risk research; or\n(ii) research prescribed by regulation not to be medical\nresearch.\nExample—par (b) (ii)\na clinical trial involving a drug usually used for a particular medical condition but\ntrialled as a treatment for a different medical condition\n\nmedical research power of attorney, for a principal, means—\n(a) an enduring power of attorney under which the principal\nauthorises an attorney to exercise power in relation to a medical\nresearch matter; or\n(b) an enduring power of attorney—\n(i) under which the principal authorises an attorney to exercise\npower in relation to a health care matter; and\n(ii) that was made before the commencement of the Powers of\nAttorney Amendment Act 2016.\nAustralian Register of Therapeutic Goods means the register\nmaintained under the Therapeutic Goods Act 1989 (Cwlth),\nsection 9A.\nNote The Australian Register of Therapeutic Goods can be accessed at\nwww.tga.gov.au/resources/artg.\nexperimental health care means research—\n(a) into health care that—\n(i) has not yet gained the support of a substantial number of\npractitioners in that field of health care; and\n(ii) may, but need not, be medical in nature; and\n(b) delivered as part of a test or trial.\n1 trialling increased physical therapy for patients on ventilation apparatus\n2 trialling a new absorbent material after bathing to treat dermatological\nconditions\n\nNHMRC means the National Health and Medical Research Council\nestablished under the National Health and Medical Research Council\nAct 1992 (Cwlth), section 5B.\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\npersonal information—see the Information Privacy Act 2014,\nsection 8.\ntherapeutic goods—see the Therapeutic Goods Act 1989 (Cwlth),\nsection 3.\n","sortOrder":43},{"sectionNumber":"41B","sectionType":"section","heading":"Attorney must follow decision-making principles","content":"41B Attorney must follow decision-making principles\n(2) An attorney authorised under a medical research power of attorney\nfor a principal who is asked to consent to the principal participating\nin medical research or low-risk research must exercise the power in\naccordance with the following principles (the decision-making\nprinciples):\n(a) the principal’s wishes, as far as they can be worked out, must be\ngiven effect to, unless making the decision in accordance with\nthe wishes is likely to significantly adversely affect the\nprincipal’s interests;\n(b) if giving effect to the principal’s wishes is likely to significantly\nadversely affect the principal’s interests—the attorney must give\neffect to the principal’s wishes as far as possible without\nsignificantly adversely affecting the principal’s interests;\n(c) if the principal’s wishes cannot be given effect to at all—the\nprincipal’s interests must be promoted;\n\n(d) the principal’s life (including the principal’s lifestyle) must be\ninterfered with to the smallest extent necessary;\n(e) the principal must be encouraged to look after themself as far as\npossible;\n(f) the principal must be encouraged to live in the general\ncommunity, and take part in community activities, as far as\npossible.\n(3) If the principal was participating in medical research or low-risk\nresearch before the principal became a person with impaired decision-\nmaking capacity, it is presumed the principal’s wishes include to\ncontinue participating in the medical research or low-risk research.\n(4) Before making a decision, the attorney must consult with each of the\nprincipal’s carers.\n(5) However, the attorney must not consult with a carer if the consultation\nwould, in the attorney’s opinion, adversely affect the principal’s\ninterests.\n(6) Subsection (5) does not limit the consultation that the attorney may\ncarry out.\n(7) In this section:\ncarer—see the Guardianship and Management of Property Act 1991,\nsection 6.\n","sortOrder":44},{"sectionNumber":"41C","sectionType":"section","heading":"Attorney may consent to principal’s participation in","content":"41C Attorney may consent to principal’s participation in\nlow-risk research\n\n(2) An attorney authorised under the medical research power of attorney\nmay consent to the principal participating in low-risk research only if\nthe research is approved.\nNote If a principal has made a health direction under the Medical Treatment\n(Health Directions) Act 2006, when making a decision under this section,\nthe attorney must comply with—\n(a) if the health direction is consistent with the power of attorney—the\nhealth direction; and\n(b) if the health direction is inconsistent with the power of attorney—\nthe document that was made most recently (see Medical Treatment\n(Health Directions) Act 2006, s 19).\n(3) If an attorney makes an application, the ACAT must give an opinion\nor advice to assist the attorney to decide whether to give consent\nunder subsection (2).\n","sortOrder":45},{"sectionNumber":"41D","sectionType":"section","heading":"Attorney may consent to principal’s participation in","content":"41D Attorney may consent to principal’s participation in\nmedical research\n(2) An attorney authorised under a medical research power of attorney\nfor a principal may consent to the principal participating in medical\nresearch only if—\n(a) the research is approved; and\n(b) the principal is not likely to regain decision-making capacity\nbefore the latest time that the principal may meaningfully\nparticipate in the research; and\nNote An independent doctor must assess the likelihood of a principal\nregaining decision–making capacity within the time mentioned\n(see s 41F).\n\n(c) the attorney is satisfied on reasonable grounds that—\n(i) the research relates to the diagnosis, maintenance or\ntreatment of a condition that the principal has or has had or\nto which the principal has a significant risk of being\nexposed; and\n(ii) the research may result in benefit to the principal or others\nwith the condition; and\n(iii) the potential benefit to the principal, or others with the\ncondition, of participating in the research outweighs any\npotential risk or inconvenience to the principal, or any\npotential adverse impact on the principal’s quality of life;\nand\n(iv) participating in the research will not unduly interfere with\nthe principal’s privacy.\nNote If a principal has made a health direction under the Medical Treatment\n(Health Directions) Act 2006, when making a decision under this section,\nthe attorney must comply with—\n(a) if the health direction is consistent with the power of attorney—the\nhealth direction; and\n(b) if the health direction is inconsistent with the power of attorney—\nthe document that was made most recently (see Medical Treatment\n(Health Directions) Act 2006, s 19).\n(3) If an attorney makes an application, the ACAT must give an opinion\nor advice to assist the attorney to decide whether to give consent\nunder subsection (2).\n","sortOrder":46},{"sectionNumber":"41E","sectionType":"section","heading":"Attorney must not benefit etc from attorney’s decision","content":"41E Attorney must not benefit etc from attorney’s decision\n(1) An attorney must not—\n(a) accept a fee or other benefit for consenting, or refusing to\nconsent, to a principal participating in low-risk research under\nsection 41C or medical research under section 41D; and\n(b) be involved in, or connected to, the research.\n\n(2) To remove any doubt, subsection (1) (a) does not apply to any\npersonal benefit to the attorney because of an improvement in the\nprincipal’s health as a result of participating in the research.\n","sortOrder":47},{"sectionNumber":"41F","sectionType":"section","heading":"Assessment of likelihood of principal regaining","content":"41F Assessment of likelihood of principal regaining\ndecision-making capacity\n(1) The likelihood of a principal regaining decision–making capacity\nwithin the period mentioned in section 41D (2) (b) must be assessed\nby an independent doctor, taking into account—\n(a) the principal’s medical, mental and physical condition; and\n(b) the severity of the principal’s condition and the prognosis for the\nprincipal; and\n(c) the current stage of treatment and care required for the principal;\nand\n(d) any other circumstances relevant to the principal; and\n(e) the nature of the medical research, including the type of\ntreatment or care provided by the research and the timeframe for\nthe research.\n(2) The independent doctor must state, in writing, the doctor’s belief\nwhether the principal is likely to regain decision-making capacity\nwithin the period mentioned in subsection (1), and the reasons for the\nbelief.\nNote 1 An independent doctor must always give a statement under s (2),\nregardless of whether the ACAT has made a declaration about the\ndecision-making capacity of a principal for an enduring power of attorney\nunder the Guardianship and Management of Property Act 1991, s 65.\nNote 2 In a proceeding, a certificate by an independent doctor under s (2) stating\nwhether the principal is likely to regain decision-making capacity within\nthe required period is evidence of that fact (see s 87).\n\nindependent doctor, in relation to medical research, means a doctor\nwho is not involved in, nor connected to, the research, other than a\nprofessional interest in the area of the research.\n","sortOrder":48},{"sectionNumber":"41G","sectionType":"section","heading":"Interested person may apply to ACAT for review of","content":"41G Interested person may apply to ACAT for review of\nattorney’s decision\n(1) An interested person for a principal may apply to the ACAT for\nreview of the decision of the attorney to consent, or refuse to consent,\nto the principal participating in low-risk research under section 41C\nor medical research under section 41D.\ninterested person, for a principal—see section 74.\n\nPart 4.4 Obligations of attorneys and\nothers\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Conflict transactions","content":"42 Conflict transactions\n(1) For this section, a conflict transaction is a transaction that results, or\nmay result, in conflict between—\n(a) the duty of an attorney towards the principal; and\n(b) either—\n(i) the interests of the attorney, or a relative, business associate\nor close friend of the attorney; or\n(ii) another duty of the attorney.\n(2) However, a transaction is not a conflict transaction only because, by\nthe transaction, the attorney in the attorney’s own right and on behalf\nof the principal—\n(a) deals with an interest in property jointly held; or\n(b) acquires a joint interest in property; or\n(c) obtains a loan or gives a guarantee or indemnity in relation to a\ntransaction mentioned in paragraph (a) or (b).\n(3) An attorney may enter into a conflict transaction only if the principal\nauthorises the transaction, conflict transactions of that kind or conflict\ntransactions generally, in the power of attorney.\n(4) In this section:\njoint interest includes an interest as a joint tenant or tenant in\ncommon.\n\nObligations of all attorneys Division 4.4.1\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Obligation of attorneys to keep interested people","content":"43 Obligation of attorneys to keep interested people\ninformed\n(1) This section applies if any of the following events happen:\n(a) a person (the relevant person) resigns the person’s appointment\nas attorney under a power of attorney;\n(b) the appointment of a person (the relevant person) as an attorney\nunder a power of attorney is revoked;\n(c) a court or the ACAT makes an order in relation to a power of\nattorney that affects the appointment of a person (the relevant\nperson) under the power of attorney.\n(2) The relevant person must give notice of the event to—\n(a) any other attorney or person authorised under the power of\nattorney to exercise the relevant person’s powers as attorney;\nand\n(b) if the event is the making of a court order or ACAT order in\nrelation to the power of attorney that affects the relevant\nperson’s authorisation under the power of attorney—each\nperson dealing with the relevant person as an attorney.\nNote 1 An attorney under a general power of attorney may authorise someone to\nexercise the attorney’s powers (see s 33).\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) However, the relevant person need not give notice under\nsubsection (2) to a person (the informed person) about an event if the\nrelevant person believes, on reasonable grounds, that the informed\nperson already knows about the event.\n\nDivision 4.4.2 Obligations of attorneys under enduring power of attorney—principal with\nDivision 4.4.2 Obligations of attorneys under\nenduring power of attorney—principal\nwith impaired decision-making\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Principles for attorneys under enduring powers of","content":"44 Principles for attorneys under enduring powers of\nThe principles (the general principles) set out in schedule 1 must be\ncomplied with to the maximum extent possible by a person who\nexercises the functions of an attorney under an enduring power of\nattorney in relation to a principal with impaired decision-making\ncapacity.\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Right of attorneys to information—enduring powers of","content":"45 Right of attorneys to information—enduring powers of\n(2) An attorney under the enduring power of attorney has a right to all\nthe information (the available information) that the principal would\nhave been entitled to if the principal had decision-making capacity.\n(3) A person who has custody or control of the available information\nmust disclose the information to the attorney if asked.\n(4) However, subsections (2) and (3) are subject to any contrary\nintention, or express limitation, in the enduring power of attorney.\n\nObligations of attorneys under enduring power of attorney—principal with\nDivision 4.4.2\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Conditions on exercise of power in relation to medical","content":"46 Conditions on exercise of power in relation to medical\ntreatment—enduring powers of attorney\n(2) An attorney under the enduring power of attorney must not ask for\nmedical treatment to be withheld or withdrawn from the principal\nunless—\n(a) the attorney has consulted a doctor about—\n(i) the nature of the principal’s illness; and\n(ii) any alternative forms of treatment available to the\nprincipal; and\n(iii) the consequences to the principal of remaining untreated;\nand\n(b) the attorney believes, on reasonable grounds, that the principal\nwould ask for the medical treatment to be withheld or withdrawn\nif the principal—\n(i) could make a rational judgment; and\n(ii) were to give serious consideration to the principal’s own\nhealth and wellbeing.\n","sortOrder":54},{"sectionNumber":"46A","sectionType":"section","heading":"Restrictions on consent by attorney to mental health","content":"46A Restrictions on consent by attorney to mental health\ntreatment, care or support\n(1) An attorney under an enduring power of attorney may consent to\ntreatment for mental illness (other than electroconvulsive therapy or\npsychiatric surgery) only if the principal—\n(a) does not have decision-making capacity; and\n(b) does not have an advance consent direction under the Mental\nHealth Act 2015 authorising the treatment; and\n(c) expresses willingness to receive the treatment.\n\nDivision 4.4.2 Obligations of attorneys under enduring power of attorney—principal with\n(2) A consent must be in writing.\n(3) A consent must be for a stated period, of not longer than 6 months,\nbut can be renewed (and further renewed) for another stated period of\nnot longer than 6 months.\n(4) In considering the stated period necessary for a consent to treatment,\na health professional who is giving the treatment must take into\naccount—\n(a) whether, and when, the principal is likely to regain\ndecision-making capacity; and\n(b) the likely duration of the treatment required; and\n(c) the content of any advance consent direction in force for the\n(5) The health professional must tell the ACAT and the public advocate\nin writing about a consent, including the stated period.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(6) If a consent is not renewed at the end of its stated period, the health\nprofessional must tell the ACAT in writing.\n(7) The ACAT—\n(a) must, on application, review a consent; and\n(b) may, at any time on its own initiative, review a consent.\n(8) A consent ends before the end of its stated period if—\n(a) the ACAT directs that the consent be withdrawn; or\n(b) subsection (1) (a), (b) or (c) no longer apply to the principal.\nNote The chief psychiatrist or another relevant person may apply for a mental\nhealth order in relation to the principal (see Mental Health Act 2015,\ns 51).\n\nObligations of attorneys under enduring power of attorney—principal with\nDivision 4.4.2\n(9) In this section:\ndecision-making capacity—see the Mental Health Act 2015,\nsection 7.\nmental illness—see the Mental Health Act 2015, section 10.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Keeping records—enduring powers of attorney","content":"47 Keeping records—enduring powers of attorney\nAn attorney for a property matter under an enduring power of attorney\nmust keep accurate records and accounts of all dealings and\ntransactions made under the power.\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Keeping property separate—enduring powers of attorney","content":"48 Keeping property separate—enduring powers of attorney\n(1) An attorney for a property matter under an enduring power of attorney\nmust keep the attorney’s property separate from the principal’s\nproperty.\nNote Property includes money and financial assets (see dict).\n(2) This section does not—\n(a) apply to property owned jointly by the principal and attorney; or\n(b) affect any other obligation imposed under territory law.\n\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Obligations on health care facilities in relation to powers","content":"49 Obligations on health care facilities in relation to powers\nof attorney\nThe person in charge of a health care facility must take all reasonable\nsteps to ensure that—\n(a) each person receiving care at the facility is asked whether the\nperson has an enduring power of attorney for personal care\nmatters, health care matters or medical research matters; and\n(b) if a person has a power of attorney of that kind—a copy of the\npower of attorney is kept with the person’s records; and\n(c) a process is in place to periodically check the currency of powers\nof attorney kept.\n\nIf attorneys do not comply with Act Part 4.5\nPart 4.5 If attorneys do not comply with\nAct\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Compensation for failure to comply with Act—Supreme","content":"50 Compensation for failure to comply with Act—Supreme\nCourt order\n(1) An attorney under a power of attorney may be ordered by the\nSupreme Court to compensate the principal (or, if the principal has\ndied, the principal’s estate) for a loss caused by the attorney’s failure\nto comply with this Act in the exercise, or purported exercise, of a\npower.\nNote Under s 52, the attorney may be relieved from liability.\n(2) Subsection (1) applies whether or not the attorney is convicted of an\noffence in relation to the attorney’s failure.\n(3) If the principal or attorney has died, the application for compensation\nmust be made to a court within 6 months after the day of the death.\n(4) If the principal and the attorney have died, the application for\ncompensation must be made to a court within 6 months after the day\nof the first death.\n(5) The Supreme Court may extend the application time under subsection\n(3) or (4).\nNote An application for an extension may be made before or after the end of\nthe period to be extended (see Legislation Act, s 151C).\n","sortOrder":59},{"sectionNumber":"50A","sectionType":"section","heading":"ACAT may order compensation etc","content":"50A ACAT may order compensation etc\n(1) The ACAT may order an attorney for a principal to pay an amount to\nthe principal or, if the principal has died, the principal’s estate—\n(a) to compensate for a loss caused by the attorney’s failure to\ncomply with this Act in the exercise, or purported exercise, of a\npower; or\n\nPart 4.5 If attorneys do not comply with Act\n(b) to account for any profits the attorney has accrued as a result of\nthe attorney’s failure to comply with this Act in the exercise, or\npurported exercise, of a power.\n(2) However, the ACAT must not order the attorney to make a payment\nunder both subsection (1) (a) and (b) in relation to the same exercise,\nor purported exercise, of power.\n(3) Subsection (1) applies whether or not the attorney is convicted of an\noffence in relation to the attorney’s failure.\n(4) The ACAT may make an order under subsection (1)—\n(a) on its own initiative; or\n(b) on application by an interested person in relation to the power\nof attorney.\n(5) If the principal or the attorney has died, any application under\nsubsection (4) (b) must be made—\n(a) within 6 months after the day of the death; and\n(b) if both principal and attorney have died—within 6 months after\nthe day of the first death.\n(6) In this section:\ninterested person—see section 74.\n","sortOrder":60},{"sectionNumber":"51","sectionType":"section","heading":"Compensation under s 50 and later civil proceeding","content":"51 Compensation under s 50 and later civil proceeding\n(a) compensation for an attorney’s failure to comply with this Act\nis paid in accordance with an order under section 50; and\n(b) a later civil proceeding is brought in relation to the same failure.\n(2) The payment of compensation must be taken into account in assessing\ndamages in the civil proceeding.\n\nIf attorneys do not comply with Act Part 4.5\n","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Relief from personal liability","content":"52 Relief from personal liability\n(1) This section applies if a court considers that—\n(a) an attorney is, or may be, personally liable for a contravention\nof this Act; and\n(b) the attorney has acted honestly and reasonably and ought fairly\nto be excused for the contravention.\n(2) The court may relieve the attorney from all or part of the attorney’s\npersonal liability for the contravention.\n(3) If the attorney is an attorney under an enduring power of attorney, in\ndeciding whether the attorney should be relieved of liability, the court\nmust consider the extent to which the attorney has acted consistently\nwith the general principles.\n(4) In this section:\ncourt includes the ACAT.\n\nNote An enduring power of attorney, or part of the power, may also be revoked\nby the ACAT.\n","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"Resignation of attorney’s appointment under power of","content":"53 Resignation of attorney’s appointment under power of\n(1) An attorney may resign the attorney’s appointment under a power of\nattorney by written notice of resignation given to the principal.\n(2) However, if a principal has impaired decision-making capacity for a\nmatter, an attorney under an enduring power of attorney may only\nresign as attorney for the matter with the leave of the ACAT.\nNote The ACAT may appoint a guardian for the principal (see Guardianship\nand Management of Property Act 1991, s 7).\n(3) To remove any doubt, a power of attorney is revoked in relation to an\nattorney if the attorney resigns the attorney’s appointment in\naccordance with this section.\n","sortOrder":63},{"sectionNumber":"54","sectionType":"section","heading":"No irrevocable powers of attorney","content":"54 No irrevocable powers of attorney\nA power of attorney may be revoked under this Act, whether or not\nthe power states otherwise.\n","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Advice of revocation of power of attorney","content":"55 Advice of revocation of power of attorney\nIf a principal revokes a power of attorney, the principal must take\nreasonable steps to tell all attorneys affected by the revocation.\n\n","sortOrder":65},{"sectionNumber":"56","sectionType":"section","heading":"Revocation of power of attorney according to its terms","content":"56 Revocation of power of attorney according to its terms\nIf a power of attorney ceases to have effect according to its terms, the\npower of attorney is revoked.\n1 If a general power of attorney is expressed to operate from 1 January 2006 to\n25 January 2006, it is revoked at the end of that period.\n2 If a general power of attorney is expressed to operate for the sale of a house,\nit is revoked once the sale is complete.\n57 Principal’s impaired decision-making capacity—general\npower of attorney\nIf the principal for a general power of attorney becomes a person with\nimpaired decision-making capacity, the power of attorney is revoked.\nNote A person must not be taken to have impaired decision-making capacity\nonly because of certain attributes or behaviours (see s 91).\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Enduring power of attorney sometimes revoked by","content":"58 Enduring power of attorney sometimes revoked by\nmarriage, civil union or civil partnership\n(1) This section applies to an enduring power of attorney if—\n(a) a person is appointed as attorney under the power of attorney;\nand\n(b) after the appointment, the principal marries or enters into a civil\nunion or civil partnership with a person other than the attorney.\n(2) The enduring power of attorney is revoked in relation to the attorney\nunless the power of attorney expressly states that it is not revoked in\nthe circumstances.\n\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Enduring power of attorney sometimes revoked by end of","content":"59 Enduring power of attorney sometimes revoked by end of\nmarriage, civil union or civil partnership\n(1) This section applies to an enduring power of attorney if—\n(a) a person is appointed as attorney under the power of attorney;\nand\n(b) at that time or later, the principal is married to, or in a civil union\nor civil partnership with, the attorney; and\n(c) the marriage, civil union or civil partnership ends.\n(2) The enduring power of attorney is revoked in relation to the attorney.\n","sortOrder":68},{"sectionNumber":"60","sectionType":"section","heading":"Death of principal for power of attorney","content":"60 Death of principal for power of attorney\nIf the principal for a power of attorney dies, the power of attorney is\nrevoked.\n","sortOrder":69},{"sectionNumber":"61","sectionType":"section","heading":"Death of attorney under power of attorney","content":"61 Death of attorney under power of attorney\nIf an attorney under a power of attorney dies, the power of attorney is\nrevoked to the extent that it gives power to the attorney.\n","sortOrder":70},{"sectionNumber":"62","sectionType":"section","heading":"Effect of bankruptcy of individual attorney","content":"62 Effect of bankruptcy of individual attorney\n(a) an attorney under an enduring power of attorney is an individual;\nand\n(b) the attorney becomes bankrupt or personally insolvent.\n(2) The power of attorney is revoked to the extent that it gives power to\nthe attorney in relation to property matters.\n\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Attorney’s impaired decision-making capacity for power","content":"63 Attorney’s impaired decision-making capacity for power\nof attorney\nIf an attorney under a power of attorney becomes a person with\nimpaired decision-making capacity, the power of attorney is revoked\nin relation to the attorney.\nNote A person must not be taken to have impaired decision-making capacity\nonly because of certain attributes or behaviours (see s 91).\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Effect of winding up etc of corporate attorney","content":"64 Effect of winding up etc of corporate attorney\n(a) an attorney under a power of attorney is a corporation; and\n(b) either—\n(i) the attorney has been, or is being, wound up; or\n(ii) a liquidator is appointed for the attorney.\n(2) The power of attorney is revoked to the extent that it gives power to\nthe attorney.\nliquidator, of an attorney, includes—\n(a) the official manager of the attorney; or\n(b) the receiver of the attorney’s property; or\n(c) the receiver and manager of the attorney’s property; or\n(d) the managing controller of the attorney’s property.\n\n","sortOrder":73},{"sectionNumber":"65","sectionType":"section","heading":"Multiple attorneys with separate powers—effect of","content":"65 Multiple attorneys with separate powers—effect of\nrevocation of powers of some attorneys\nIf a power of attorney authorises 2 or more people as attorneys to act\nseparately (whether or not in relation to a matter), the revocation of\nthe power of attorney in relation to 1 or more attorneys does not\nrevoke the power of attorney in relation to the other attorneys.\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Joint general power of attorney—effect of revocation of","content":"66 Joint general power of attorney—effect of revocation of\npowers of some attorneys\nIf a general power of attorney authorises 2 or more people to exercise\npower as attorneys together but not separately (whether or not in\nrelation to a matter), the power of attorney is revoked if the power is\nrevoked in relation to 1 or more of the attorneys.\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Joint enduring power of attorney—effect of revocation of","content":"67 Joint enduring power of attorney—effect of revocation of\npowers of attorneys\n(a) an attorney’s power under an enduring power of attorney for a\nmatter is revoked; and\n(b) the attorney was authorised to exercise power for the matter\nunder the power of attorney together with 1 or more other\nattorneys, but not separately; and\n(c) the principal has impaired decision-making capacity.\n(2) If there is only 1 remaining attorney in relation to the matter, the\nremaining attorney may exercise power for the matter.\n(3) If there are 2 or more remaining attorneys in relation to the matter,\nthe remaining attorneys may exercise power in relation to the matter\nand, if exercising power, must exercise power together.\n\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Power of attorney revoked in relation to each attorney","content":"68 Power of attorney revoked in relation to each attorney\nA power of attorney is revoked when—\n(a) if there is only 1 attorney appointed—the power of attorney is\nrevoked in relation to the attorney; or\n(b) if there are 2 or more attorneys appointed—the power of\nattorney is revoked in relation to each or the last of them.\nNote If an attorney resigns, the power of attorney is revoked in relation to the\nattorney (see s 53 (3)).\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Revocation by later power of attorney","content":"69 Revocation by later power of attorney\nA principal’s power of attorney is revoked, to the extent of an\ninconsistency, by a later power of attorney of the principal.\n\n","sortOrder":78},{"sectionNumber":"Part 6","sectionType":"part","heading":"Protection and relief from","content":"Chapter 6 Protection and relief from\nliability\n","sortOrder":79},{"sectionNumber":"70","sectionType":"section","heading":"Definitions—ch 6","content":"70 Definitions—ch 6\nIn this chapter:\ninvalidity, of a power of attorney—\n(a) means invalidity because—\n(i) the power of attorney purports to have been made under the\nlaw of a State or Territory and does not comply with the\nrequirements of that law; or\n(ii) the person making the power of attorney could not make\nthe power of attorney at the time the person purported to\nmake it; or\n(iii) the power of attorney has been revoked, either completely\nor in relation to the person purporting to exercise power\nunder the power of attorney; and\n(b) includes invalidity of the power of attorney for any other reason.\nExample—par (a) (ii)\nA person purports to make a power of attorney but a guardian has been appointed\nfor the person and the ACAT has not approved the provisions of the power (see\ns 14 (4)).\ninvalidity, of a power under a power of attorney—\n(a) means invalidity because the power is not exercisable at the time\nit is purportedly exercised; and\n(b) includes invalidity of the power for any other reason.\n\nProtection and relief from liability Chapter 6\nknow, of the invalidity of a power of attorney or a power under a\npower of attorney, includes—\n(a) know of the happening of an event that invalidates the power of\nattorney or power; or\n(b) have reason to believe the power of attorney or power is invalid.\npower of attorney includes a document purporting to be a power of\n","sortOrder":80},{"sectionNumber":"71","sectionType":"section","heading":"Protection if court or ACAT orders etc","content":"71 Protection if court or ACAT orders etc\n(1) This section applies if a court or the ACAT gives an order or direction\nin relation to the exercise of power under a power of attorney.\n(2) An attorney who acts in accordance with the order or direction is\ntaken to have complied with this Act.\n(3) However, subsection (2) does not apply in relation to the order or\ndirection if the attorney knowingly gave the court or ACAT false or\nmisleading information relevant to the order or direction.\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Protection for attorney if unaware of invalidity","content":"72 Protection for attorney if unaware of invalidity\n(a) a power of attorney is invalid; and\n(b) the attorney purports to exercise a power under the power of\nattorney without knowing the power of attorney is invalid.\n(2) This section also applies if—\n(a) a power exercised under a power of attorney is invalid; and\n(b) the attorney purports to exercise the power without knowing the\npower is invalid.\n(3) The attorney does not incur any liability, either to the principal or\nanyone else, because of the invalidity.\n\n(4) Anything done by the attorney in the exercise of the power under the\ninvalid power of attorney or of an invalid power is, for all purposes,\ntaken to have been done as if the power of attorney or power were not\ninvalid.\n","sortOrder":82},{"sectionNumber":"73","sectionType":"section","heading":"Protection for transaction if dealing with attorney and","content":"73 Protection for transaction if dealing with attorney and\nunaware of invalidity\n(1) This section applies to a person who—\n(a) deals with a person (the attorney) who is acting, or purporting\nto act, as an attorney under a power of attorney; and\n(b) at the time of the dealing, did not know that the power of\nattorney, or power under the power of attorney, was invalid.\n(2) A transaction between the attorney and the person is, in favour of the\nperson, as valid as if the power of attorney or power were not invalid.\n\nInterpretation—ch 7 Part 7.1\nNote The Guardianship and Management of Property Act 1991, pt 3 deals with\nproceedings in relation to enduring powers of attorney by the ACAT.\n","sortOrder":83},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 Interpretation—ch 7","content":"Part 7.1 Interpretation—ch 7\n","sortOrder":84},{"sectionNumber":"74","sectionType":"section","heading":"Meaning of interested person—ch 7","content":"74 Meaning of interested person—ch 7\nIn this chapter:\ninterested person—each of the following is an interested person in\nrelation to a power of attorney:\n(a) an attorney;\n(b) the principal;\n(c) a relative of the principal;\n(d) the public advocate;\n(e) the public trustee and guardian;\n(f) a guardian of the principal;\n(g) a manager of the principal;\n(h) a person prescribed by regulation.\n\n","sortOrder":85},{"sectionNumber":"75","sectionType":"section","heading":"ACAT may refer matter to Supreme Court","content":"75 ACAT may refer matter to Supreme Court\nThe ACAT may refer an application under section 50A (4) (b) to the\nSupreme Court.\nNote See the ACT Civil and Administrative Tribunal Act 2008, s 83 and s 84\nfor when an application to the ACAT may be referred to the Supreme\nCourt.\n\nSupreme Court orders Part 7.3\n","sortOrder":86},{"sectionNumber":"80","sectionType":"section","heading":"Supreme Court—confirming powers understood by","content":"80 Supreme Court—confirming powers understood by\nprincipal\n(1) A principal with decision-making capacity may apply to the Supreme\nCourt for an order confirming that an attorney had power under a\npower of attorney to do an act.\n(2) The Supreme Court may make an order confirming (whether\ncompletely or in part) that the attorney had the power to do the act if\nsatisfied that the principal understood the nature and effect of making\nthe power of attorney when the principal made the power of attorney.\nNote In the absence of evidence to the contrary, the principal is taken to have\nunderstood the nature and effect of making a power of attorney when the\nprincipal made the power of attorney (see s 18).\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Supreme Court—confirming powers subsequently","content":"81 Supreme Court—confirming powers subsequently\naffirmed by principal\n(a) a principal had impaired decision-making capacity when the\nprincipal made a power of attorney; and\n(b) an attorney acted, or purported to act, under the power of\n(2) The principal may apply to the Supreme Court for an order\nconfirming that the attorney had power under the power of attorney\nto do the act.\n(3) The Supreme Court may make an order confirming (whether\ncompletely or in part) that the attorney had power to do the act if\nsatisfied that—\n(a) the principal affirmed the power of attorney before or during the\nproceeding on the application; and\n\n(b) the principal had decision-making capacity when affirming the\npower of attorney.\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Effect of pt 7.3 orders on future acts","content":"82 Effect of pt 7.3 orders on future acts\n(1) This section applies if the Supreme Court makes an order under this\npart confirming (whether completely or in part) the power of an\nattorney to do an act under a power of attorney.\n(2) Any act done by the attorney after the order takes effect that is within\nthe scope of the power confirmed is taken to be as valid for all\npurposes and between all people as if, when the order took effect, the\nprincipal did not have impaired decision-making capacity and had\nconfirmed the power of attorney to the extent of the order of\nconfirmation.\n\nOther proceedings and rights Part 7.4\n","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Assistance by public trustee and guardian","content":"83 Assistance by public trustee and guardian\n(2) The public trustee and guardian must, if asked by the ACAT, assist\nthe ACAT by examining and reporting on the books, accounts or\nother records of transactions carried out by an attorney for the\nprincipal under the enduring power of attorney\n","sortOrder":90},{"sectionNumber":"84","sectionType":"section","heading":"Access to principal","content":"84 Access to principal\n(2) The public advocate is entitled to reasonable access to the principal.\n(3) An interested person may apply to the ACAT for access to the\n(4) The ACAT may, by order, grant the interested person access to the\nprincipal, whether with or without conditions, if satisfied that—\n(a) an attorney has denied the person access to the principal; and\n(b) it is reasonable to allow the access.\n(5) In this section:\ninterested person, for an application mentioned in subsection (3),\nincludes—\n(a) a relative of the principal; and\n(b) a person who is a carer of the principal or has been a carer of the\nprincipal in the last 12 months; and\n\n(c) a lawyer, or doctor, acting on behalf of a member of the\nprincipal’s family or relative of the principal.\nNote Interested person—see s 74.\n","sortOrder":91},{"sectionNumber":"85","sectionType":"section","heading":"Attorney’s health care, medical research or low-risk","content":"85 Attorney’s health care, medical research or low-risk\nresearch decision not in principal’s interest\n(1) In this section:\nlow-risk research, in relation to a person—see section 41A.\nmedical research, in relation to a person—see section 41A.\nrelevant person, in relation to a person who is a principal for a power\nof attorney, means—\n(a) a health professional who is treating, or has at any time treated,\nthe principal; or\n(b) a person in charge of a health care facility where the principal is\nbeing, or has at any time been, treated.\n(2) This section applies if—\n(a) an attorney makes a decision in relation to—\n(i) the health care of the principal; or\n(ii) the principal participating in medical research or low-risk\nresearch; and\n(b) a relevant person believes, on reasonable grounds, that the\ndecision is not in the best interests of the principal.\n(3) The relevant person may tell the public advocate about the decision\nand explain why the relevant person believes the decision is not in the\nbest interests of the principal.\nNote Giving information to the public advocate honestly and without\nrecklessness is protected (see Human Rights Commission Act 2005,\ns 100A).\n\nOther proceedings and rights Part 7.4\n","sortOrder":92},{"sectionNumber":"86","sectionType":"section","heading":"Adequate pain relief","content":"86 Adequate pain relief\n(a) an attorney has made a decision that medical treatment be\nwithheld or withdrawn from the principal; and\n(b) the principal is under the care of a health professional.\n(2) The principal has a right to—\n(a) receive relief from pain, suffering and discomfort to the\nmaximum extent that is reasonable in the circumstances; and\n(b) the reasonable provision of food and water.\n(3) In providing relief from pain, suffering and discomfort to the\nprincipal, the health professional must give adequate consideration to\nthe principal’s account of the principal’s level of pain, suffering and\ndiscomfort.\n","sortOrder":93},{"sectionNumber":"87","sectionType":"section","heading":"Medical certificate about impaired decision-making","content":"87 Medical certificate about impaired decision-making\n(1) This section applies if, in a proceeding, a question arises about\nwhether, on a particular day or during a particular period, the\nprincipal for an enduring power of attorney had impaired\ndecision-making capacity, whether generally or in relation to a\nparticular matter.\n(2) A certificate by a doctor stating that the principal had, or did not have,\nimpaired decision-making capacity either generally or in relation to a\nparticular matter on the day or during the period is evidence of that\nfact.\n\nChapter 8 Interstate documents equivalent to powers of attorney\nChapter 8 Interstate documents\nequivalent to powers of\n88 Recognition of general powers of attorney made under\nother laws\n(a) a document (the interstate general power of attorney) is\nexpressed to be a power of attorney made under the law of a\nState or another Territory; and\n(b) the interstate general power of attorney is not expressed to\noperate when the principal has impaired decision-making\ncapacity (however described).\n(2) The interstate general power of attorney is taken to be a general power\nof attorney made under, and in compliance with, this Act to the extent\nthat the powers it gives could validly have been given by a general\npower of attorney made under this Act.\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Recognition of enduring powers of attorney made under","content":"89 Recognition of enduring powers of attorney made under\nother laws\n(a) a document (the interstate enduring power of attorney) is\nexpressed to be a power of attorney or guardianship document\nmade under the law of a State or another Territory; and\n(b) the interstate enduring power of attorney is not—\n(i) revoked if the principal loses decision-making capacity; or\n(ii) expressed to be irrevocable, whether completely or for a\nstated period.\n\nInterstate documents equivalent to powers of attorney Chapter 8\n(2) An interstate enduring power of attorney to which this section applies\nis taken to be an enduring power of attorney made under, and in\ncompliance with, this Act, to the extent that the powers it gives could\nvalidly have been given by an enduring power of attorney made under\nthis Act.\n\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Dishonestly inducing making etc of power of attorney","content":"90 Dishonestly inducing making etc of power of attorney\nA person must not dishonestly induce someone else to make or revoke\na power of attorney.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Things that do not indicate impaired decision-making","content":"91 Things that do not indicate impaired decision-making\n(1) For this Act, a person is not taken to have impaired decision-making\ncapacity only because the person—\n(a) is eccentric; or\n(b) makes unwise decisions; or\n(c) does or does not express a particular political or religious\nopinion; or\n(d) has a particular sexual orientation or expresses a particular\nsexual preference; or\n(e) engages or has engaged in illegal or immoral conduct; or\n(f) takes or has taken drugs, including alcohol.\n(2) However, in deciding whether a person has impaired decision-making\ncapacity, any effect of drug-taking on the person may be taken into\naccount.\n","sortOrder":97},{"sectionNumber":"92","sectionType":"section","heading":"Application of Act to powers of attorney","content":"92 Application of Act to powers of attorney\n(1) This Act applies to a general power of attorney or enduring power of\nattorney whenever entered into (whether before or after the\ncommencement of this Act).\n\nMiscellaneous Chapter 9\n(2) However, if a general power of attorney or enduring power of\nattorney made before the commencement of this Act complied with\nthe Powers of Attorney Act 1956 when made, the power of attorney\nis not taken to be invalid only because it does not comply with a\nprovision of this Act about the making of powers of attorney.\n","sortOrder":98},{"sectionNumber":"93","sectionType":"section","heading":"Powers of attorney forms under Powers of Attorney","content":"93 Powers of attorney forms under Powers of Attorney\nAct 1956\n(1) This section applies to a general power of attorney or enduring power\nof attorney made after the commencement of this Act and before 1\nDecember 2007 using a form under the Powers of Attorney Act 1956,\nschedule 1.\n(2) This Act applies to the power of attorney.\n(3) However, if the power of attorney when made complied with the\nPowers of Attorney Act 1956, the power of attorney—\n(a) is not taken to be invalid only because it does not comply with\na provision of this Act about the making of powers of attorney;\nand\n(b) to remove any doubt, operates to the extent that it is not\notherwise inconsistent with this Act.\n","sortOrder":99},{"sectionNumber":"94","sectionType":"section","heading":"Powers of attorney to consent to body part donations etc","content":"94 Powers of attorney to consent to body part donations etc\nunder Powers of Attorney Act 1956\n(1) This section applies to an enduring power of attorney in force\nimmediately before the commencement of this Act if the power of\nattorney included a power to consent to a donation under the Powers\nof Attorney Act 1956, section 13 (1) (b) (ii).\n(2) Despite section 35 (b) (Things that cannot be lawfully done by\nattorneys), the power of attorney continues to authorise the attorney\nto consent to the donation.\n\n","sortOrder":100},{"sectionNumber":"95","sectionType":"section","heading":"Powers of attorney made under Medical Treatment","content":"95 Powers of attorney made under Medical Treatment\nAct 1994\n(1) This section applies to a power of attorney made under the Medical\nTreatment Act 1994 that was in force immediately before the\ncommencement of this Act.\n(2) The power of attorney is taken to be an enduring power of attorney\nmade under this Act for a health care matter.\n(3) However, if the power of attorney complied with the Medical\nTreatment Act 1994 when made, the power of attorney is not taken to\nbe invalid only because it does not comply with a provision of this\nAct about the making of powers of attorney.\n","sortOrder":101},{"sectionNumber":"96","sectionType":"section","heading":"Approved forms","content":"96 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":102},{"sectionNumber":"97","sectionType":"section","heading":"Regulation-making power","content":"97 Regulation-making power\nThe Executive may make regulations for this Act.\n\nGeneral principles for enduring powers of attorney Schedule 1\nSection 1.1\n","sortOrder":103},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"General principles for enduring","content":"Schedule 1 General principles for enduring\n(see s 44)\n1.1 Access to family members and relatives\n(1) An individual’s wish and need to have access to family members and\nrelatives, and for them to have access to the individual, must be\nrecognised and taken into account.\n(2) An individual’s wish to involve family members and relatives in\ndecisions affecting the individual’s life, property, health and finance\nmust be recognised and taken into account.\n1.2 Human worth and dignity\nAn individual with impaired decision-making capacity has an\ninherent right to respect for the individual’s human worth and dignity\nas an individual.\n1.3 Role as a member of society\n(1) An individual has a right to be a valued member of society.\n(2) Because of this right, it is important to encourage and support the\nindividual to perform social roles valued in society.\n1.4 Participation in community life\nIt is important to encourage and support an individual to live a life in\nthe general community, and to take part in activities enjoyed by the\ncommunity.\n1.5 Quality of life\nAn individual’s need and wish to have a reasonable quality of life\nmust be recognised and taken into account.\n\nSchedule 1 General principles for enduring powers of attorney\nSection 1.6\n1.6 Participation in decision making\n(1) An individual has a right to take part in decisions affecting the\nindividual’s life to the greatest extent practicable.\n(2) Without limiting subsection (1), an individual also has a right to take\npart in decisions affecting the individual’s property and finance to the\ngreatest extent practicable.\n(3) The right of the individual to make the individual’s own decisions\nmust be preserved to the greatest extent practicable.\nExamples of preserving individual’s right to make own decisions\n1 The individual must be given any necessary support, and access to any\nnecessary information, to allow the individual to take part in decisions\naffecting the individual’s life to the greatest extent practicable.\n2 To the greatest extent practicable, the individual’s views and wishes must be\nsought and taken into account before exercising power in relation to the\nindividual.\n3 Power in relation to the individual must be exercised in the way that is least\nrestrictive of the individual’s rights.\n(4) If an individual’s wishes or needs cannot be expressed by the\nindividual, the person exercising power in relation to the individual\nmust try to work out, as far as possible, from the individual’s past\nactions, what the individual’s wishes and needs would be if the\nindividual could express them and take those wishes and needs into\naccount.\n(5) However, a person exercising a function in relation to an individual\nmust do so in a way consistent with the individual’s proper care and\nprotection.\n(6) An individual’s views and wishes may be expressed orally, in writing\nor in another way, including, for example, by conduct.\n1.7 Individual taken to be able to make decisions\nAn individual must not be treated as unable to take part in making a\ndecision only because the individual makes unwise decisions.\n\nGeneral principles for enduring powers of attorney Schedule 1\nSection 1.8\n1.8 Maintenance of existing supportive relationships\nThe importance of maintaining an individual’s existing supportive\nrelationships must be taken into account.\n1.9 Maintenance of environment and values\n(1) The importance of maintaining an individual’s cultural and linguistic\nenvironment, and set of values (including any religious beliefs) must\nbe taken into account.\n(2) For an individual who is a member of an Aboriginal community or a\nTorres Strait Islander, this means the importance of maintaining the\nindividual’s Aboriginal or Torres Strait Islander cultural and\nlinguistic environment, and set of values (including Aboriginal\ntradition or Island custom) must be taken into account.\nAboriginal tradition—\n(a) means the body of traditions, observances, customs and beliefs\nof Aboriginal people generally, or of a particular community or\ngroup of Aboriginal people; and\n(b) includes any traditions, observances, customs and beliefs\nmentioned in paragraph (a) that relate to particular people, areas,\nobjects or relationships.\nIsland custom, known in the Torres Strait as Ailan Kastom—\n(a) means the body of customs, traditions, observances and beliefs\nof Torres Strait Islanders generally, or of a particular community\nor group of Torres Strait Islanders; and\n(b) includes any traditions, observances, customs and beliefs\nmentioned in paragraph (a) that relate to particular people, areas,\nobjects or relationships.\n\nSchedule 1 General principles for enduring powers of attorney\nSection 1.10\n1.10 Confidentiality\nAn individual’s right to confidentiality of information about the\nindividual must be respected.\n1.11 Health care and medical research\n(1) An individual is entitled to have decisions about a health care matter\nor a medical research matter made by an attorney—\n(a) in the way least restrictive of the individual’s rights and freedom\nof action; and\n(b) only if the exercise of power—\n(i) is, in the attorney’s opinion, necessary and appropriate to\nmaintain or promote the individual’s health and wellbeing;\nor\n(ii) is, in all the circumstances, in the individual’s best\ninterests.\n(2) An individual’s wishes in relation to a health care matter or a medical\nresearch matter, and any information provided by the individual’s\nhealth care provider, must be taken into account when an attorney\ndecides what is appropriate in the exercise of power for a health care\nmatter or a medical research matter.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• authorised deposit-taking institution\n• bankrupt or personally insolvent\n• child\n• civil partnership\n• civil union\n• corporation\n• domestic partner (see s 169 (1))\n• exercise\n• public trustee and guardian\n• Supreme Court.\naffinity means affinity derived through marriage or any other\ndomestic partnership.\napproved, for medical research or low-risk research, for part 4.3A\n(Medical research matters)—see section 41A.\nattorney—see section 6.\nclose friend, of a person, means someone who has a close personal\nrelationship with the person and a personal interest in the person’s\nwelfare.\nday hospital means a facility where a person is admitted for surgical\nor medical treatment and discharged on the same day.\ndecision-making capacity—see section 9 (1).\n\ndisability care means care that is provided to a person with a disability\nin a residential facility in which the person is also provided with\naccommodation that includes—\n(a) appropriate staffing to meet the nursing and personal care needs\nof the person; and\n(b) meals and cleaning services; and\n(c) furnishings, furniture and equipment for the provision of the\ncare and accommodation.\nenduring power of attorney—see section 8.\ngeneral power of attorney—see section 7.\ngeneral principles—see section 44 and schedule 1.\nhealth care, for a person who is a principal for a power of attorney—\n(a) includes withholding or withdrawal of a life-sustaining measure\nfor the principal if starting or continuing the measure for the\nprincipal would be inconsistent with good medical practice; but\n(b) does not include—\n(i) first-aid treatment; or\n(ii) a non-intrusive examination made for diagnostic purposes;\nor\n(iii) the administration of a pharmaceutical drug if—\n(A) a prescription is not needed for the drug; and\n(B) the drug is normally self-administered; and\n(C) the administration is for a recommended purpose and\nat a recommended dosage level.\nExample for par (b)\na visual examination of a principal’s mouth, throat, nasal cavity, eyes or ears\nhealth care facility means a hospital, mental health facility,\nresidential care home or residential disability care facility.\n\nhealth care matter—see section 12.\nhealth care provider, for a person who is a principal for a power of\nattorney, means a health professional who provides health care to the\nhealth professional means a person who provides health care in the\npractice of a profession or the ordinary course of business.\nhospital means a public hospital, private hospital or day hospital.\nimpaired decision-making capacity—see section 9 (2).\ninterested person, for chapter 7 (Proceedings and rights)—see\nsection 74.\ninvalidity, of a power of attorney or a power under a power of\nattorney, for chapter 6 (Protection and relief from liability)—see\nsection 70.\nknow, of the invalidity of a power of attorney or a power under a\npower of attorney, for chapter 6 (Protection and relief from\nliability)—see section 70.\nlegal matter, for a person who is a principal for a power of attorney,\nmeans—\n(a) the use of legal services for the principal’s benefit; or\n(b) bringing or defending a proceeding, including settling a claim\nbefore or after a proceeding starts, on behalf of the principal.\nExamples of use of legal services\n1 use of legal services to get information about the principal’s legal rights\n2 use of legal services to make a transaction\n3 use of legal services to bring or defend a proceeding before a court, tribunal or\nother entity\nlow-risk research, in relation to a person, for part 4.3A (Medical\nresearch matters)—see section 41A.\nmedical research, in relation to a person, for part 4.3A (Medical\nresearch matters)—see section 41A.\n\nmedical research matter, for a principal—see section 12A.\nmedical research power of attorney, for a principal, for part 4.3A\n(Medical research matters)—see section 41A.\nmental health facility—see the Mental Health Act 2015, dictionary.\npersonal care matter—see section 11.\npower of attorney—\n(a) means a general power of attorney or an enduring power of\nattorney; and\n(b) for chapter 6 (Protection and relief from liability)—see\nsection 70.\nprincipal, in relation to an attorney—see section 6.\nproperty includes money and financial assets.\nproperty matter—see section 10.\nrelative, of a person (the related person), means—\n(a) a person related by blood, affinity or adoption to the related\nperson; or\n(b) a domestic partner.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\nresidential care home means a residential care home under the\nAged Care Act 2024 (Cwlth).\nresidential disability care facility—\n(a) means a residential facility that provides disability care to\npeople with disabilities; but\n(b) does not include a residential care home.\nspecial health care matter, for a principal—see section 37.\nspecial personal matter, for a principal—see section 36.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nPowers of Attorney Act 2006 A2006-50\nnotified LR 30 November 2006\ns 1, s 2 commenced 30 November 2006 (LA s 75 (1))\nremainder commenced 30 May 2007 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.77\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.77 commenced 30 May 2007 (s 2 (2) and see A2006-50 s 2)\nas modified by\nPowers of Attorney Regulation 2007 SL2007-8 (as am by SL2007-12\ns 5)\nnotified LR 3 May 2007\ns 1, s 2 commenced 3 May 2007 (LA s 75 (1))\nPowers of Attorney Regulation 2007 (No 2) SL2007-11 (as am by\nSL2007-12 s 4, A2007-22 pt 1.13)\nnotified LR 24 May 2007\ns 1, s 2 commenced 24 May 2007 (LA s 75 (1))\nPowers of Attorney Amendment Regulation 2007 (No 1) SL2007-12\nnotified LR 29 May 2007\ns 1, s 2 commenced 29 May 2007 (LA s 75 (1))\nNote This regulation only amends the Powers of Attorney Regulation\n","sortOrder":104},{"sectionNumber":"2007","sectionType":"section","heading":"SL2007-8 and the Powers of Attorney Regulation 2007","content":"2007 SL2007-8 and the Powers of Attorney Regulation 2007\n(No 2) SL2007-11.\n\nLegislation history 3\nas amended by\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.12, pt 1.13\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.12, pt 1.13 commenced 6 September 2007 (s 2)\nNote Sch 1 pt 1.13 only amends the Powers of Attorney Regulation\n2007 (No 2) SL2007-11.\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.17\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.17 commenced 7 May 2008 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.21\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.21 commenced 19 May 2008 (s 2 and CN2008-8)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.40\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.40 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.17\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.17 commenced 28 September 2010 (s 2 (2))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.22\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.22 commenced 11 September 2012 (s 2)\n\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.20\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.20 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 pt 6\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\npt 6 commenced 17 November 2014 (s 2)\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51\nsch 1 pt 1.9 (as am by A2015-38 amdt 2.54)\nnotified LR 12 November 2014\ns 1, s 2 commenced 12 November 2014 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 March 2016 (s 2 (as am by A2015-38\namdt 2.54))\nMental Health Act 2015 A2015-38 sch 2 pt 2.2, sch 2 pt 2.4 div 2.4.14\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nsch 2 pt 2.4 div 2.4.14 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nNote Sch 2 pt 2.2 (amdt 2.54) only amends the Mental Health\n(Treatment and Care) Amendment Act 2014 A2014-51\nPowers of Attorney Amendment Act 2016 A2016-10\nnotified LR 1 March 2016\ns 1, s 2 commenced 1 March 2016 (LA s 75 (1))\nremainder commenced 1 September 2016 (s 2 and LA s 79)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.32\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.32 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.12\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.12 commenced 11 October 2017 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.22\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.22 commenced 14 May 2020 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 14\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 14 commenced 26 February 2021 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2021\nA2021-13 pt 8\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 8 commenced 9 September 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2023\nA2023-13 pt 9\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 9 commenced 12 April 2023 (s 2)\nVoluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.6\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nsch 3 pt 3.6 commenced 3 November 2025 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 sch 1 pt 1.4\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.67, sch 4\npt 4.135\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.67, sch 4 pt 4.135 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nWhat is an enduring power of attorney?\ns 8 am A2016-10 s 4\nMeaning of personal care matter\ns 11 am A2016-10 s 5\ns 12 am A2007-22 amdt 1.35; A2014-51 amdt 1.63; A2016-10 s 6\nMeaning of medical research matter\ns 12A ins A2016-10 s 7\nAppointment of attorneys\ns 13 hdg sub A2007-22 amdt 1.36\ns 13 am A2007-22 amdt 1.37, amdt 1.38; A2014-49 s 18; A2016-10\ns 8, s 9; A2025-29 amdt 4.136\nLimit on s 13 power to appoint attorneys—enduring powers of attorney\ns 14 am A2008-36 amdt 1.558; A2010-30 amdt 1.45; A2016-13\namdts 1.107-1.109; ss renum R12 LA; A2016-10 s 10\nAppointment of attorneys by name or position\ns 15 sub A2007-22 amdt 1.39\nWhen and how power under power of attorney exercisable\ns 16 am A2014-51 amdt 1.64\nWho can be a witness?\ns 21 am A2007-22 amdt 1.40\nCertificates by witnesses to powers of attorney\ns 22 am A2007-22 amdt 1.41\nAuthorisation of 2 or more attorneys\npt 3.3 hdg sub A2007-22 amdt 1.42\nAuthorisation of 2 or more attorneys under power of attorney\ns 25 hdg sub A2007-22 amdt 1.43\ns 25 am A2025-29 amdt 3.224\nIf multiple attorneys cannot exercise power unanimously\ns 27 am A2008-36 amdt 1.559\nHow does enduring power of attorney operate while principal has capacity?\ns 31 am A2007-22 amdt 1.44\nOthers acting for attorney\ns 33 am A2016-10 s 11; A2017-28 amdt 3.36; A2025-29\namdt 4.136\n\nSpecial personal matters\ns 36 am A2007-22 amdt 1.45; A2013-39 amdt 2.51 (A2013-39\nnever effective (see Commonwealth v Australian Capital\nTerritory [2013] HCA 55)); A2017-28 amdt 3.37\nSpecial health care matters\ns 37 am A2007-3 amdt 3.408; A2014-51 amdt 1.65, amdt 1.66;\nA2015-38 amdt 2.84; A2016-10 s 12; pars renum R13 LA;\nA2024-24 amdt 3.9; pars renum R21 LA; A2025-29\namdt 3.225, amdt 3.226\nMedical research matters\npt 4.3A hdg ins A2016-10 s 13\nDefinitions—pt 4.3A\ns 41A ins A2016-10 s 13\ns 41A (1) def approved ins A2016-10 s 13\ndef low-risk research ins A2016-10 s 13\nsub A2023-13 s 23\ndef medical research ins A2016-10 s 13\ndef medical research power of attorney ins A2016-10 s 13\ns 41A (2) def Australian Register of Therapeutic Goods ins A2023-13\ns 24\ndef experimental health care ins A2016-10 s 13\ndef NHMRC ins A2016-10 s 13\ndef personal health information ins A2016-10 s 13\ndef personal information ins A2016-10 s 13\ndef therapeutic goods ins A2023-13 s 24\nAttorney must follow decision-making principles\ns 41B ins A2016-10 s 13\nAttorney may consent to principal’s participation in low-risk research\ns 41C ins A2016-10 s 13\nAttorney may consent to principal’s participation in medical research\ns 41D ins A2016-10 s 13\nAttorney must not benefit etc from attorney’s decision\ns 41E ins A2016-10 s 13\nAssessment of likelihood of principal regaining decision-making capacity\ns 41F ins A2016-10 s 13\nInterested person may apply to ACAT for review of attorney’s decision\ns 41G ins A2016-10 s 13\nObligation of attorneys to keep interested people informed\ns 43 am A2007-22 amdt 1.46; A2008-36 amdt 1.560; A2017-28\namdt 3.38\n\nRight of attorneys to information—enduring powers of attorney\ns 45 am A2020-14 amdt 1.110, amdt 1.111\n(1A), (5), (6) exp 29 September 2023 (s 45 (6))\nRestrictions on consent by attorney to mental health treatment, care and\nsupport\ns 46A ins A2014-51 amdt 1.67\nam A2015-38 amdt 2.85; A2017-28 amdt 3.38; A2025-29 amdt\n4.136\nKeeping records—enduring powers of attorney\ns 47 am A2020-14 amdt 1.112; A2021-3 s 31, s 32\nKeeping property separate—enduring powers of attorney\ns 48 am A2020-14 amdt 1.113, amdt 1.114; A2021-3 s 33, s 34\nObligations on health care facilities in relation to powers of attorney\ns 49 am A2016-10 s 14\nCompensation for failure to comply with Act—Supreme Court order\ns 50 hdg sub A2021-13 s 33\ns 50 am A2021-13 s 34\nACAT may order compensation etc\ns 50A ins A2021-13 s 35\nRelief from personal liability\ns 52 hdg sub A2021-13 s 36\ns 52 am A2021-13 s 37\nEnding powers of attorney\nch 5 hdg note sub A2008-36 amdt 1.561\nResignation of attorney’s appointment under power of attorney\ns 53 am A2007-22 amdt 1.46; A2008-36 amdt 1.562\nEnduring power of attorney sometimes revoked by marriage or civil\npartnership\ns 58 hdg sub A2008-14 amdt 1.73; A2012-40 amdt 3.91; A2013-39\namdt 2.52 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\ns 58 am A2008-14 amdt 1.74; A2012-40 amdt 3.92; A2013-39\namdt 2.53 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\nEnduring power of attorney sometimes revoked by end of marriage, civil\nunion or civil partnership\ns 59 hdg sub A2008-14 amdt 1.75; A2012-40 amdt 3.93\ns 59 am A2008-14 amdt 1.76; A2012-40 amdt 3.94, amdt 3.95;\nA2017-28 amdt 3.39\n\nEffect of bankruptcy of individual attorney\ns 62 am A2010-30 amdt 1.46, amdt 1.47\nEffect of winding up etc of corporate attorney\ns 64 am A2017-28 amdt 3.40, amdt 3.41\nDefinitions—ch 6\ns 70 def invalidity sub A2008-36 amdt 1.563\nProtection if court or ACAT orders etc\ns 71 sub A2008-36 amdt 1.564\nProceedings and rights\nch 7 hdg sub A2008-36 amdt 1.565\nMeaning of interested person\ns 74 am A2016-13 amdt 1.110; A2016-10 s 15\nACAT referral\npt 7.2 hdg om A2008-36 amdt 1.566\nins A2021-13 s 38\nACAT may refer matter to Supreme Court\ns 75 om A2008-36 amdt 1.566\nins A2021-13 s 38\nReference of power of attorney matters to Supreme Court\ns 76 om A2008-36 amdt 1.566\nGiving accounts to public advocate—enduring powers of attorney\ns 77 om A2008-36 amdt 1.566\nDeclaration about decision-making capacity\ns 78 om A2008-36 amdt 1.566\nRemoving attorneys\ns 79 om A2008-36 amdt 1.566\nAssistance by public trustee and guardian\ns 83 hdg sub A2007-22 amdt 1.47; A2017-28 amdt 3.42\ns 83 am A2007-22 amdt 1.48; A2008-36 amdt 1.567; A2016-13\namdt 1.111, amdt 1.112\nAssistance by public trustee\ns 84 am A2008-36 amdt 1.568\nAttorney’s health care, medical research or low-risk research decision not in\nprincipal’s interest\ns 85 hdg sub A2016-10 s 16\ns 85 am A2016-13 amdt 1.113; A2016-10 s 17, s 18\nApplication of Act to powers of attorney\ns 92 sub A2008-7 amdt 1.67\n\nPowers of attorney forms under Powers of Attorney Act 1956\ns 93 sub A2008-7 amdt 1.67\nPowers of attorney to consent to body part donations etc under Powers of\nAttorney Act 1956\ns 94 ins A2008-7 amdt 1.67\nPowers of attorney made under Medical Treatment Act 1994\ns 95 ins A2008-7 amdt 1.67\nApproved forms\ns 96 ins A2008-7 amdt 1.67\nam A2025-29 amdt 4.136\nRegulation-making power\ns 97 ins A2008-7 amdt 1.67\nam A2025-29 amdt 4.136\nTransitional provisions\nch 20 hdg exp 30 May 2009 (s 157)\nDefinitions—ch 20\ns 150 exp 30 May 2009 (s 157)\nRepeal of Powers of Attorney Act 1956\ns 151 om LA s 89 (3)\nTransitional—application of Act\ns 152 om A2008-7 amdt 1.68\nTransitional––powers of attorney forms under previous Act, sch 1\ns 152A ins as mod SL2007-11 s 3\nmod lapsed on rep of SL2007-11 (7 May 2008)\nTransitional—powers of attorney to consent to body part donations etc\nunder previous Act\ns 152B ins as mod SL2007-11 s 4 (as ins by SL2007-12 s 4)\nmod lapsed on rep of SL2007-11 (7 May 2008)\ns 152C ins as mod SL2007-11 s 4 (as ins by SL2007-12 s 4)\nmod om SL2007-11 s 4 (as am by A2007-22 amdt 1.50)\nTransitional—powers of attorney under previous Act, s 6 and s 7\ns 153 exp 30 May 2009 (s 157 (LA s 88 declaration applies))\nTransitional—powers of attorney made under Medical Treatment Act 1994\ns 154 om A2008-7 amdt 1.69\nLegislation amended—sch 2\ns 155 om LA s 89 (3)\nTransitional regulations\ns 156 exp 30 May 2009 (s 157)\n\ns 156A ins as mod SL2007-8 amdt 1.1\nmod om SL2007-8 amdt 1.1 (as am by SL2007-12 s 5)\nAuthorisation of attorneys\ns 156B ins as mod SL2007-8 amdt 1.1\nAuthorisation of attorneys\ns 156C ins as mod SL2007-8 amdt 1.1\nAuthorisation of attorneys by name or position\ns 156D ins as mod SL2007-8 amdt 1.1\nWho can be a witness?\ns 156E ins as mod SL2007-8 amdt 1.1\nCertificates by witnesses to powers of attorney\ns 156F ins as mod SL2007-8 amdt 1.1\nAppointment of 2 or more attorneys\ns 156G ins as mod SL2007-8 amdt 1.1\nAppointment of 2 or more attorneys under power of attorney\ns 156H ins as mod SL2007-8 amdt 1.1\nHow does enduring power of attorney operate while principal has capacity?\ns 156I ins as mod SL2007-8 amdt 1.1\nObligation of attorneys to keep interested people informed\ns 156J ins as mod SL2007-8 amdt 1.1\nResignation of attorney’s authorisation under power of attorney\ns 156K ins as mod SL2007-8 amdt 1.1\nPublic trustee to assist if asked\ns 156L ins as mod SL2007-8 amdt 1.1\nPublic trustee to assist if asked\ns 156M ins as mod SL2007-8 amdt 1.1\n\nExpiry—ch 20\ns 157 exp 30 May 2009 (s 157)\nGeneral principles for enduring powers of attorney\nsch 1 am A2016-10 s 19\nConsequential amendments\nsch 2 om LA s 89 (3)\ndict am A2008-14 amdt 1.77; A2008-36 amdt 1.569; A2010-30\namdt 1.48; A2012-40 amdt 3.96; A2013-39 amdt 2.54\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55)); A2016-13 amdt 1.114;\nA2021-13 s 39\ndef approved ins A2016-10 s 20\ndef bankrupt om A2010-30 amdt 1.49\ndef decision-making principles ins A2016-10 s 20\nom A2017-28 amdt 3.42\ndef health care facilty sub A2014-51 amdt 1.68\nam A2025-22 amdt 1.7\ndef interested person sub A2008-36 amdt 1.570\ndef liquidator om A2017-28 amdt 3.43\ndef low-risk research ins A2016-10 s 20\ndef medical research ins A2016-10 s 20\ndef medical research matter ins A2016-10 s 20\ndef medical research power of attorney ins A2016-10 s 20\ndef mental health facility ins A2014-51 amdt 1.69\nam A2015-38 amdt 2.86\ndef personal insolvency agreement om A2010-30 amdt 1.49\ndef residential aged care facility om A2025-22 amdt 1.8\ndef residential care om A2025-22 amdt 1.8\ndef residential care home ins A2025-22 amdt 1.9\ndef residential disability care facility am A2025-22\namdt 1.10\ndef will om A2017-28 amdt 3.43\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n30 May 2007–\n5 Sept 2007\nSL2007-12 new Act,\namendments by\nA2007-3 and\nmodifications by\nSL2007-8 and\nSL2007-11 as\namended by\nSL2007-12\n6 Sept 2007\n6 Sept 2007–\nA2007-22 amendments by\nA2007-22\n7 May 2008–\nA2008-7 amendments by\nA2008-7\n19 May 2008-\n1 Feb 2009\nA2008-14 amendments by\nA2008-14\n2 Feb 2009\n2 Feb 2009–\nA2008-36 amendments by\nA2008-36\n31 May 2009–\n27 Sept 2010\nA2008-36 commenced expiry\n28 Sept 2010\n28 Sept 2010–\n10 Sept 2012\nA2010-30 amendments by\nA2010-30\n11 Sept 2012\n11 Sept 2012–\n6 Nov 2013\nA2012-40 amendments by\nA2012-40\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\nR9 (RI)\n24 Feb 2014\n7 Nov 2013–\n16 Nov 2014\nA2013-39 (never\neffective)\nreissued because\nof High Court\ndecision in relation\nto A2013-39\n17 Nov 2014\n17 Nov 2014–\n29 Feb 2016\nA2014-49 amendments by\nA2014-49\n1 Mar 2016\n1 Mar 2016–\n31 Mar 2016\nA2015-38 amendments by\nA2014-51 and\nA2015-38\n1 Apr 2016\n1 Apr 2016–\n31 Aug 2016\nA2016-13 amendments by\nA2016-13\n1 Sept 2016\n1 Sept 2016–\n10 Oct 2017\nA2016-13 amendments by\nA2016-10\n11 Oct 2017\n11 Oct 2017–\nA2017-28 amendments by\nA2017-28\n14 May 2020–\n25 Feb 2021\nA2020-14 amendments by\nA2020-14\n26 Feb 2021\n26 Feb 2021–\n8 Sept 2021\nA2021-3 amendments by\nA2021-3\n9 Sept 2021\n9 Sept 2021–\n11 Apr 2023\nA2021-13 amendments by\nA2021-13\n12 Apr 2023\n12 Apr 2023–\n29 Sept 2023\nA2023-13 amendments by\nA2023-13\n30 Sept 2023\n30 Sept 2023–\n31 Oct 2025\nA2023-13 expiry of provisions\n(s 45 (1A), (5), (6))\n1 Nov 2025\n1 Nov 2025–\n2 Nov 2025\nA2025-22 amendments by\nA2025-22\n3 Nov 2025\n3 Nov 2025–\n25 Nov 2025\nA2025-22 amendments by\nA2024-24","sortOrder":105}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended since the original 2006 text. Notable scope additions in the republished text include a dedicated medical‑research consent regime (pt 4.3A: s 41A–s 41G, added by amendment history entries relating to A2016‑10), new tribunal compensation and review powers (s 50A inserted, A2021‑13), specific restrictions and procedures for mental health treatment consent by attorneys (s 46A, A2014‑51/A2015‑38/A2017‑28 amendments), and clearer obligations on health care facilities to record and review enduring powers (s 49, A2016‑10). The amendments also tightened who may act as enduring attorneys in particular roles (corporate limits in s 14). These changes expand subject matter coverage (medical research), increase administrative and oversight mechanisms (ACAT and court powers, independent doctor assessments), and introduce sectoral compliance duties (health facilities and professionals)."},"complexity_factors":["Dense cross‑referencing to other legislation and bodies (Mental Health Act 2015, Medical Treatment (Health Directions) Act 2006, National Statement on Ethical Conduct in Human Research) — see s 37, s 41A, s 41D, s 46 and s 46A.","Multiple decision pathways and reviewers (attorneys, ACAT, Supreme Court, independent doctors, public trustee/advocate) creating parallel procedural tracks — see s 27, s 41G, s 75, s 80–s 82, s 41F, s 83–s 84.","Detailed technical formalities for making valid instruments (witnessing, certificates, who can sign) and acceptance rules for enduring appointments — s 19–s 23, s 23.","A specialist medical‑research consent regime with layered requirements (ethics approval, independent medical assessment, ACAT advice/review) — pt 4.3A (s 41A–s 41G).","Nuanced limits and exceptions (special personal and health care matters, conflict transactions, limits on gifts and benefit‑giving) that require careful drafting and interpretation — s 35–s 41, s 42, s 34.","Multiple modes for termination, resignation and revocation with effects that vary by whether the power is general or enduring and by the identity/status of attorneys (bankruptcy, death, marriage/civil partnership rules) — ch 5 (s 53–s 69).","Protections for third parties and retroactive validation of acts where attorneys or powers are later found invalid, which interact with commercial and conveyancing transactions — s 71–s 73, s 29 (deed status).","Overlapping duties on health facilities, health professionals and attorneys (notification, record keeping, periodic checks) that impose operational burdens across sectors — s 45, s 47–s 49."],"plain_english_summary":"### What this law does, mechanically\n\n- Creates two kinds of powers of attorney: a \"general power of attorney\" that works only while the person (the principal) can make decisions (s 7), and an \"enduring power of attorney\" that continues to operate if the principal later loses decision‑making capacity (s 8, s 32).\n- Defines the subject matters attorneys may act about: property matters (examples at s 10), personal care matters (s 11), health care matters (s 12) and medical research matters (s 12A and pt 4.3A).\n- Sets who may appoint attorneys and basic limits (an adult principal appoints attorneys, s 13; enduring powers have additional limits on appointing corporations and bankrupt people, s 14).\n- Prescribes formal signature and witnessing rules for making powers of attorney (s 19–s 23) and requires attorneys to accept enduring appointments in writing before they are effective for that attorney (s 23).\n- Specifies how and when powers can be exercised (the principal may state when/how powers apply, s 16; an enduring power of attorney acts as a general power for property while the principal still has capacity, s 31; an enduring power is not revoked by later impaired capacity, s 32).\n- Limits what attorneys may do (they cannot lawfully act in relation to special personal matters or special health care matters, s 35–s 37) and restricts gifts and conflict transactions unless expressly authorised (s 34, s 38–s 41, s 42).\n- Adds a specialist regime for consent to participation in medical research and low‑risk research when a principal lacks capacity, including decision‑making principles, approval and independent medical assessment requirements, and ACAT review rights (pt 4.3A: s 41A–s 41G).\n- Imposes ongoing duties on attorneys (keep interested people informed, s 43; follow the general principles for enduring powers, s 44 and schedule 1; keep records for property matters, s 47; keep the principal’s and attorney’s property separate, s 48).  \n- Gives obligations to health care facilities to check for and keep copies of enduring powers of attorney (s 49).\n- Provides dispute and oversight pathways: ACAT may be involved for directions and compensation (s 27, s 50A), the Supreme Court may confirm or validate acts by attorneys (s 80–s 82), and interested persons may apply for review (s 74, s 41G).\n- Protects third parties dealing with an attorney who is unaware an instrument is invalid and provides civil remedies and relief from personal liability in cases of honest mistakes (s 71–s 73, s 52).\n- Contains criminal liability for dishonestly inducing someone to make or revoke a power of attorney (s 90).  \n\n### Who it affects\n\n- Principals (adults who make powers of attorney) — they choose the scope, when the power starts, and who the attorneys are (s 13–s 16, s 17).  \n- Attorneys — gain legal authority constrained by express terms, statutory limits and duties (ch 4). Attorneys under enduring powers must accept appointments in writing (s 23) and carry record‑keeping and information duties (s 43, s 45, s 47, s 48).  \n- Relatives, carers and other \"interested persons\" — have standing to apply to ACAT and receive information in certain circumstances (s 74, s 41G, s 83–s 85).  \n- Health care providers and health facilities — must respond to enduring powers and follow procedural rules when an attorney makes health or research decisions (s 46, s 46A, s 49, pt 4.3A).  \n- Public bodies — the ACAT and Supreme Court exercise oversight (s 27, s 75, s 80–s 82); the public trustee and public advocate have specified roles (s 83–s 84).\n\n### Why it matters (stated purpose claims and how the law’s mechanics create incentives, costs and trade‑offs)\n\n- The Act’s stated purpose (in its long title) is to provide law about powers of attorney and related matters. Mechanically it establishes how private appointments are made and enforced (s 1, s 13) and builds statutory duties, oversight and remedies.\n\n- Incentives and private choice: the Act gives principals broad freedom to shape powers of attorney (limits and express authorisations are possible, s 13–s 16, s 34, s 39–s 41). That preserves private choice about who makes decisions and what decisions are delegated, but also shifts control from the principal to the attorney when the principal loses capacity (the principal cannot revoke an enduring power once they lack capacity—see s 17(f)(ii) and s 32).  \n\n- Market and provider effects: enduring powers of attorney are restricted for corporations in some roles (s 14) — the Act allows only the public trustee and trustee companies in certain property roles and excludes most corporations from personal care, health care and medical research roles (s 14(1)–(2)). This changes the available options for principals who might otherwise use commercial trustee or corporate care providers for enduring decision‑making.\n\n- Compliance and administrative costs: making a valid instrument requires formal signing and witnessing (s 19–s 23) and enduring appointments impose ongoing duties on attorneys (information obligations s 43, right to available information s 45, record keeping s 47, separation of property s 48). Health facilities must implement processes to check for and keep copies of enduring powers (s 49). These elements create time, paperwork and monitoring costs for principals, attorneys, health providers and public bodies.\n\n- Oversight, discretion and enforcement costs: the Act routes contested matters to ACAT (s 27, s 41G, s 50A) and the Supreme Court (s 75, s 80–s 82). Those review pathways impose procedural and resource costs on public tribunals and courts, and give those bodies discretion to make or refuse orders (s 50, s 52). The Act also provides civil remedies (compensation under s 50 and s 50A) and a narrow criminal offence (s 90).\n\n- Conflict and anti‑self‑dealing rules: the Act restricts attorneys from benefiting unless expressly authorised (s 34), limits conflict transactions unless pre‑authorised (s 42) and forbids attorneys from accepting fees/benefits or being connected to medical research they consent to (s 41E). These rules reduce financial incentives for self‑dealing but can also constrain otherwise simple transactions unless the power expressly permits them.\n\n- Medical research trade‑offs: the Act allows attorneys to consent to approved low‑risk research and, in specific circumstances, to approved medical research (pt 4.3A: s 41C–s 41D). Consent for clinical/research participation requires ethics approval, an independent doctor’s assessment that the principal is unlikely to regain capacity within the relevant research timeframe (s 41D, s 41F), and ACAT assistance where required (s 41C–s 41G). Those safeguards reduce the risk of unsuitable enrolment but introduce extra approvals, medical assessments and potential delays for researchers and health providers.\n\n- Who pays and who decides: principals choose attorneys and set terms (s 13–s 16), attorneys make day‑to‑day decisions (s 6), and costs of compliance — record keeping, professional advice, medical assessments, tribunal or court proceedings — are generally borne by the private parties involved (principals, attorneys, providers) or by public bodies when they exercise oversight (s 47, s 41F, s 75, s 80–s 82). If an attorney breaches the Act and causes loss, the attorney may be ordered to compensate (s 50, s 50A) but may seek relief from liability if the court considers the attorney acted honestly and reasonably (s 52).\n\n### Implementation and risk notes (mechanisms, not judgments)\n\n- The Act depends on cross‑agency processes: health facilities must identify and store enduring powers (s 49); independent doctors must provide written assessments for research consent decisions (s 41F); ACAT and courts provide directions and compensation (s 27, s 50A, s 80–s 82). These create points where operational failures or delays could affect outcomes.\n\n- The law balances private delegation with public oversight: attorneys gain significant legal authority once appointed (s 31–s 32) but face statutory duties, documentation and review rights for interested persons (s 43–s 45, s 50A, s 41G). The principal’s ability to tailor powers (s 13–s 16) means responsibilities and burdens are partly shifted by contract‑style drafting and the express terms of the instrument.\n\n(Selected section references: s 6–s 14 (who and what), s 16–s 23 (formalities), s 29–s 38 (operation and limits), pt 4.3A (s 41A–s 41G) (medical research), s 42–s 48 (duties), s 49 (health facilities), s 50–s 52 (remedies and relief), s 71–s 73 (third‑party protections), s 74–s 75, s 80–s 82 (ACAT/Supreme Court), s 90 (criminal offence))."},"kimi_summary":{"_metrics":{"completionTokens":1024},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2006 Act focused on property, personal care and health care decisions. The 2016 amendments (A2016-10) significantly expanded scope by adding Part 4.3A on 'Medical research matters' — allowing attorneys to consent to experimental treatments and clinical trials. This was a substantial policy expansion beyond traditional substitute decision-making into ethically complex research participation. The 2024 amendments also added voluntary assisted dying as a 'special health care matter' that attorneys cannot consent to (s 37(1)(e)), further expanding the scope of regulated decisions."},"complexity_factors":["97 sections across 9 chapters plus a 11-section schedule of general principles","47+ defined terms in the dictionary, many with nested cross-references (e.g., 'medical research' and 'low-risk research' defined by reference to section 41A, which itself has 6 sub-definitions)","Multiple overlapping decision-making frameworks: general principles in Schedule 1, specific decision-making principles for medical research in section 41B, and additional conditions for mental health treatment in section 46A","Complex conditional logic for when powers operate: distinctions between 'while principal has capacity', 'when principal has impaired decision-making capacity', and triggering conditions in section 16","Nested exceptions and limitations: section 35 lists things attorneys cannot do, but sections 36-37 create exceptions to those prohibitions for 'special' matters, and section 94 creates a grandfathered exception for pre-2006 body part donations","Extensive cross-referencing to other ACT legislation: Guardianship and Management of Property Act 1991, Mental Health Act 2015, Medical Treatment (Health Directions) Act 2006, Transplantation and Anatomy Act 1978, and Commonwealth Therapeutic Goods Act 1989","Multiple revocation triggers with complex interactions: marriage/civil union changes (ss 58-59), bankruptcy (s 62), impaired capacity of attorney (s 63), corporate winding up (s 64), with different rules for joint vs separate attorneys (ss 65-67)","Transitional provisions and amendment history spanning 19 years with multiple amending acts, some provisions expired, some modified, creating interpretive complexity"],"plain_english_summary":"**What this law does:**\n\nThis is the ACT's main law about **powers of attorney** — legal documents that let someone (the \"principal\") appoint another person (the \"attorney\") to make decisions on their behalf.\n\n**Two types of powers:**\n- **General power of attorney** — only works while the principal has **decision-making capacity** (the ability to understand and make their own decisions). It automatically ends if the principal loses this capacity.\n- **Enduring power of attorney** — continues even if the principal later loses decision-making capacity. This is the more significant type for long-term planning.\n\n**What decisions can attorneys make?**\nThe law divides decisions into four categories:\n- **Property matters** — finances, paying bills, selling property, running businesses, investments\n- **Personal care matters** — where someone lives, who they live with, daily routines, education, work\n- **Health care matters** — medical treatment, consenting to or refusing treatment (but not \"special\" health care like sterilisation, termination of pregnancy, or electroconvulsive therapy)\n- **Medical research matters** — consenting to participation in medical research or low-risk research (added in 2016)\n\n**Key protections:**\n- Attorneys must follow **general principles** including respecting the principal's dignity, maintaining their quality of life, preserving family relationships, and making the least restrictive decisions possible\n- Attorneys generally **cannot benefit themselves** from the principal's property unless specifically authorised\n- **Multiple attorneys** can be appointed to act jointly, separately, or in specified circumstances\n- The **ACAT** (ACT Civil and Administrative Tribunal) and **Supreme Court** can review attorney decisions and order compensation for failures\n- **Health care facilities** must ask patients if they have an enduring power of attorney and keep copies on file\n\n**Who this affects:**\n- Anyone in the ACT wanting to plan for future decision-making\n- Family members and carers of people losing capacity\n- Health professionals and facilities\n- Attorneys appointed under these documents\n- The Public Advocate and Public Trustee and Guardian who provide oversight\n\n**Why it matters:**\nThis law lets people plan ahead for illness or accident, ensuring trusted people can manage their affairs. It balances autonomy (letting people choose who decides for them) with protection (preventing abuse through oversight, principles, and court/tribunal powers). The 2016 amendments added medical research decisions, reflecting evolving medical ethics."}},"importantCases":[],"_links":{"self":"/api/acts/powers-of-attorney-act-2006","history":"/api/acts/powers-of-attorney-act-2006/history","analysis":"/api/acts/powers-of-attorney-act-2006/analysis","conflicts":"/api/acts/powers-of-attorney-act-2006/conflicts","importantCases":"/api/acts/powers-of-attorney-act-2006/important-cases","documents":"/api/acts/powers-of-attorney-act-2006/documents"}}