{"id":"powers-of-attorney-and-agency-act-1984","name":"Powers of Attorney and Agency Act 1984","slug":"powers-of-attorney-and-agency-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106320,"registerId":"sa-powers-of-attorney-and-agency-act-1984-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Powers of Attorney and Agency Act 1984","content":"South Australia\nPowers of Attorney and Agency Act 1984\nAn Act to provide for general powers of attorney and enduring powers of attorney; and to make other provision relating to powers of attorney and agency.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tApplication of this Act\n5\tGeneral power of attorney\n6\tEnduring powers of attorney\n7\tGeneral duty of donee of an enduring power\n8\tOffence if donee of enduring power fails to keep and preserve accounts of dealings etc\n9\tDonee may not renounce power during incapacity of donor except with permission of Supreme Court\n10\tEffect of appointment of committee, administrator or manager of estate of donor of an enduring power\n11\tPowers of Supreme Court in respect of enduring powers\n11A\tApplications by beneficiaries of the will of a deceased donor\n12\tProtection for agent and third party in respect of acts done after principal's death or legal incapacity\n13\tEffect of execution of deed by agent in his own name\n14\tRecognition of enduring powers of attorney made in other States and Territories\nSchedule 1—Form of general power of attorney\nSchedule 2—Form of acceptance of enduring power of attorney\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Powers of Attorney and Agency Act 1984.\n3—Interpretation\nIn this Act—\nenduring power of attorney means an enduring power of attorney created pursuant to section 6.\n4—Application of this Act\nSubject to section 14, this Act applies in relation to a power of attorney, or any other power to act as an agent, of which the law of this State is the proper law, or which arises by virtue of a transaction of which the law of this State is the proper law.\n5—General power of attorney\n\t(1)\tA general power of attorney may be created by deed in the form set out in Schedule 1 or in a form to the same effect but expressed to be made in pursuance of this section.\n\t(2)\tThe authority conferred by a general power of attorney may be expressed to be subject to specified conditions, limitations or exclusions.\n\t(3)\tSubject to subsection (4) and any conditions, limitations or exclusions to which it is expressed to be subject, a general power of attorney operates to confer—\n\t(a)\ton the donee of the power; or\n\t(b)\twhere there is more than one donee, on the donees acting jointly or severally, as the case may be,\nauthority to do on behalf of the donor anything that he can lawfully do by an attorney.\n\t(4)\tA general power of attorney does not operate to confer authority to perform functions that the donor has as a trustee or personal representative.\n6—Enduring powers of attorney\n\t(1)\tAn enduring power of attorney may be created—\n\t(a)\tby deed expressed to be made in pursuance of this section; or\n\t(b)\tby deed containing words indicating an intention that the authority conferred is to be exercised—\n\t(i)\tnotwithstanding the donor's subsequent legal incapacity; or\n\t(ii)\tin the event of the donor's subsequent legal incapacity.\n\t(2)\tA deed is not effective to create an enduring power of attorney unless—\n\t(a)\tthe attesting witness to the deed, or, where there is more than one attesting witness, at least one of them, is a person authorised by law to take affidavits; and\n\t(b)\tthe deed has endorsed on it, or annexed to it, a statement of acceptance in the form set out in Schedule 2, or in a form to the same effect, executed by the person appointed to be the donee of the power.\n\t(3)\tAn act done by the donee of an enduring power of attorney in pursuance of the power during a period of legal incapacity of the donor of the power is as effective as if the donor were competent and not incapacitated.\n7—General duty of donee of an enduring power\nThe donee of an enduring power of attorney must, during any period of legal incapacity of the donor, exercise his powers as attorney with reasonable diligence to protect the interests of the donor and, if he fails to do so, shall be liable to compensate the donor for loss occasioned by the failure.\n8—Offence if donee of enduring power fails to keep and preserve accounts of dealings etc\nThe donee of an enduring power of attorney shall, if he fails to keep and preserve accurate records and accounts of all dealings and transactions made in pursuance of the power, be guilty of an offence and liable to a penalty (recoverable summarily) of an amount not exceeding one thousand dollars.\n9—Donee may not renounce power during incapacity of donor except with permission of Supreme Court\nThe donee of an enduring power of attorney may not renounce the power during any period of legal incapacity of the donor except with the permission of the Supreme Court.\n10—Effect of appointment of committee, administrator or manager of estate of donor of an enduring power\nWhere the administration of the estate or a part of the estate of the donor of an enduring power of attorney is vested in another person as committee, administrator under the Mental Health Act 1977 or manager under the Aged and Infirm Persons' Property Act 1940—\n\t(a)\tthe donee of the power is accountable to the other person as if the other person were the donor of the power; and\n\t(b)\tthe other person has the same power to vary or revoke the power as the donor would have if he were competent and not incapacitated.\n11—Powers of Supreme Court in respect of enduring powers\n\t(1)\tAny person who has, in the opinion of the Supreme Court, a proper interest in the matter may, at any time, apply to the Supreme Court for an order—\n\t(a)\trequiring the donee (or former donee) of an enduring power of attorney to file in the Supreme Court and serve on the applicant a copy of all records and accounts kept by the donee of dealings and transactions made by him in pursuance of the power; or\n\t(b)\trequiring such records and accounts to be audited by an auditor appointed by the Supreme Court and requiring a copy of the report of the auditor to be furnished to the Supreme Court and the applicant for the order; or\n\t(c)\trevoking or varying the terms of an enduring power of attorney or appointing a substitute donee of such a power.\n\t(2)\tThe donee of an enduring power of attorney may apply to the Supreme Court—\n\t(a)\tfor an order referred to in subsection (1)(c); or\n\t(b)\tfor advice and direction as to matters connected with the exercise of the power or the construction of its terms.\n\t(3)\tThe Supreme Court has, upon an application under this section, jurisdiction—\n\t(a)\tto make an order referred to in subsection (1); or\n\t(b)\tto make such other order (declaratory or otherwise) as to the exercise of the power, or the construction of its terms, as the Court thinks fit.\n\t(4)\tAn order under this section may be made subject to such terms and conditions as the Supreme Court thinks fit.\n11A—Applications by beneficiaries of the will of a deceased donor\n\t(1)\tWhere—\n\t(a)\tthe donor, or former donor, of an enduring power of attorney dies leaving a will; and\n\t(b)\tthe donor or former donor had, while the enduring power of attorney was in force, suffered a period of legal incapacity; and\n\t(c)\tit appears at the death of the donor or former donor that, in consequence of any exercise of power by the donee of the enduring power of attorney during that period of incapacity, the share of any beneficiary under the will has been affected,\nthe Supreme Court may, on application by any person who has, in the opinion of the Supreme Court, a proper interest in the matter, make such orders as it thinks just to ensure that no beneficiary gains a disproportionate advantage, or suffers a disproportionate disadvantage, of a kind not contemplated by the will, in consequence of the exercise of the donee's powers during the period of legal incapacity of the donor or former donor.\n\t(2)\tAn order made by the Supreme Court under subsection (1) operates and will take effect as if it had been made by a codicil to the will of the donor or former donor executed immediately before his or her death.\n\t(3)\tThe Supreme Court must, on making an order under subsection (1), direct that a certified copy of the order be attached to the grant of probate of the will, or grant of letters of administration with will annexed, and may, for that purpose, require the production of the relevant grant.\n\t(4)\tAn application under this section must be made within six months from the date of the grant in this State of probate of the will or letters of administration unless the Supreme Court, after hearing such of the persons affected as the Supreme Court thinks necessary, extends the time for making the application.\n\t(5)\tAn extension of time granted under subsection (4) may be granted—\n\t(a)\ton such conditions as the Supreme Court thinks fit; and\n\t(b)\twhether or not the time for making an application under this section has expired.\n\t(6)\tAn application for extension of time must be made before the final distribution of the estate.\n\t(7)\tA distribution of any part of the estate made before an application for extension of time will not be disturbed by reason of the application or any order made on the application.\n\t(8)\tThis section does not apply in respect of the will of a deceased person who died before the commencement of this section.\n12—Protection for agent and third party in respect of acts done after principal's death or legal incapacity\n\t(1)\tA person who acts in good faith in the purported exercise of authority as an agent after termination of the authority by the death or legal incapacity of the principal does not, by reason of the termination, incur any liability in respect of the act if it was done without knowledge of the principal's death or incapacity.\n\t(2)\tWhere—\n\t(a)\ta person enters into a transaction in the purported exercise of authority as an agent after termination of the authority by the death or legal incapacity of the principal; and\n\t(b)\tthe other party to the transaction enters into it in good faith and without knowledge of the principal's death or incapacity,\nthe transaction is, as between the principal and the other party, as effective as if the authority had not been terminated by the principal's death or incapacity.\n\t(3)\tWhere probate or letters of administration have been granted to a person as attorney for some other person, this section applies in relation to acts done or transactions entered into by the attorney as if the authority conferred by the grant had been conferred by the power of attorney.\n\t(4)\tThis section applies to an act done or transaction entered into after the commencement of this Act whether the agent's authority was conferred before or after that commencement.\n\t(5)\tThis section does not affect the operation of—\n\t(a)\tsection 160 of the Real Property Act 1886; or\n\t(b)\tsection 35 of the Registration of Deeds Act 1935.\n13—Effect of execution of deed by agent in his own name\n\t(1)\tWhere—\n\t(a)\tan agent executes a deed in his own name; but\n\t(b)\tit is apparent from the deed as executed that the agent was acting on behalf of his principal,\nthe agent is not, by reason only of the manner in which he executed the deed, personally liable upon the deed, and the deed has effect as if the agent had executed it in the name of his principal.\n\t(2)\tThis section applies in relation to a deed executed after the commencement of this Act whether the agent's authority was conferred before or after that commencement.\n14—Recognition of enduring powers of attorney made in other States and Territories\n\t(1)\tAn interstate enduring power of attorney has effect in this State as if it were an enduring power of attorney made under, and in compliance with, this Act, but only insofar as the powers it gives under the law of the State or Territory in which it was made could validly have been given by an enduring power of attorney made under this Act.\n\t(2)\tAn interstate enduring power of attorney to which subsection (1) applies—\n\t(a)\thas effect in this State subject to any limitations on the power that apply to it under the law of the State or Territory in which it was made; and\n\t(b)\tdoes not operate to confer any power on an attorney in this State that cannot be conferred on an attorney under an enduring power of attorney made in this State.\n\t(3)\tSubsection (1) does not apply to a power of attorney of a kind prescribed by regulation.\n\t(4)\tIn any proceedings relating to a power of attorney, a document signed by a qualified interstate legal practitioner that certifies that an interstate enduring power of attorney was made in accordance with the formal requirements of the law of the State or Territory in which it was made is admissible in evidence in such proceedings and constitutes, in the absence of proof to the contrary, proof of the matters so certified.\n\t(5)\tIn this section—\ninterstate enduring power of attorney means a power of attorney made in another State or a Territory that, under the law of that State or Territory, has effect in that State or Territory as a valid power of attorney even if the donor of the power of attorney loses capacity through mental incapacity after the execution of the instrument creating the power of attorney;\nqualified interstate legal practitioner, in relation to an interstate enduring power of attorney, means a person—\n\t(a)\twho has been admitted to legal practice in the State or Territory in which the power of attorney was made; and\n\t(b)\twho holds a certificate or other form of authorisation that confers an authority to practise in that State or Territory that corresponds to the authority conferred by a practising certificate issued under Part 3 of the Legal Practitioners Act 1981; and\n\t(c)\twho practises in that State or Territory.\nSchedule 1—Form of general power of attorney\nTHIS GENERAL POWER OF ATTORNEY is made pursuant to section 5 of the Powers of Attorney and Agency Act 1984 this                               day of                              20          by AB of                                                  \n\t1\tI appoint CD of                                         [or CD of                                         and EF of                                         jointly or jointly and severally] to be my attorney[s].\n\t2\tI authorise my attorney[s], subject to clause 3, to do on my behalf anything that I can lawfully do by an attorney.\n\t3\tThe authority of my attorney[s] is subject to the following conditions, limitations or exclusions:\nIN WITNESS etc\nSchedule 2—Form of acceptance of enduring power of attorney\nI,                               , the person appointed to be the donee of the power of attorney created by the instrument on which this acceptance is endorsed [or to which this acceptance is annexed] accept the appointment and acknowledge—\n\t(a)\tthat the power of attorney is an enduring power of attorney and as such may be exercised by me notwithstanding any subsequent legal incapacity of the donor [or in the event of any subsequent legal incapacity of the donor]; and\n\t(b)\tthat I will, by accepting this power of attorney, be subject to the requirements of the Powers of Attorney and Agency Act 1984.\nSigned................................................\n(Donee of the power of attorney)\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1984\n25\nPowers of Attorney and Agency Act 1984\n10.5.1984\n1.6.1984 (Gazette 31.5.1984 p1320)\n1988\n80\nPowers of Attorney and Agency Act Amendment Act 1988\n1.12.1988\n1.12.1988\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 61 (s 186)—4.9.2006 (Gazette 17.8.2006 p2831)\n2013\n39\nPowers of Attorney and Agency (Interstate Powers of Attorney) Amendment Act 2013\n19.9.2013\n19.9.2013\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\ns 4\namended by 39/2013 s 3\n19.9.2013\ns 6\n\n\ns 6(1)\nsubstituted by 80/1988 s 2\n1.12.1988\ns 9\namended by 17/2006 s 186\n4.9.2006\ns 11\n\n\ns 11(1)\namended by 80/1988 s 3\n1.12.1988\ns 11A\ninserted by 80/1988 s 4\n1.12.1988\ns 14\ninserted by 39/2013 s 4\n19.9.2013\nSch 2\namended by 80/1988 s 5\n1.12.1988\nHistorical versions\nReprint No 1—15.11.1991\n\n4.9.2006\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original act primarily dealt with general and enduring powers of attorney within South Australia. Amendments in 1988 introduced court powers to revoke or vary powers and allowed beneficiaries to apply to adjust a deceased donor's will after misuse during incapacity (s11A). The 2013 amendment added recognition of interstate enduring powers of attorney (s14), expanding the act's reach beyond the state. These additions broadened the law's original scope significantly."},"complexity_factors":["Several defined terms (enduring power of attorney, interstate enduring power of attorney, qualified interstate legal practitioner)","Conditional requirements for creating enduring powers (specific witness, acceptance statement)","Offences with prescribed penalties","Multiple subsections in court powers section (s11) with various application grounds","Cross-references to other Acts (Mental Health Act, Aged and Infirm Persons' Property Act, Real Property Act, Legal Practitioners Act)","Schedules with prescribed forms","Historical amendments adding new sections (s11A, s14)"],"plain_english_summary":"This South Australian law lets you appoint someone (called a 'donee' or 'attorney') to make decisions for you (the 'donor'). A **general power of attorney** gives them authority to handle your financial and legal matters while you are mentally capable. An **enduring power of attorney** continues to work even if you lose mental capacity later. The law sets out how to create these powers, what the attorney must do (e.g., keep records, act diligently), and what happens if they don't. It also gives the Supreme Court power to step in if someone misuses an enduring power, and it recognises similar powers made in other states and territories. This law matters because it helps people plan for future incapacity and provides rules to prevent abuse."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing for powers of attorney and agency. The 2013 amendment adding interstate recognition (s 14) and the 1988 amendment adding beneficiary protections (s 11A) expanded practical operation but did not fundamentally alter the scope beyond the original intent of regulating attorney appointments and protecting donors."},"complexity_factors":["Relatively short statute (14 sections plus 2 schedules)","Only 2 defined terms in the interpretation section ('enduring power of attorney' and 'interstate enduring power of attorney' in s 14(5))","Straightforward structure with clear separation between general and enduring powers","Some conditional logic in s 11A (beneficiary applications) with 8 subsections including time limits and extension provisions","Cross-references to other SA legislation (Mental Health Act 1977, Aged and Infirm Persons' Property Act 1940, Real Property Act 1886, Registration of Deeds Act 1935, Legal Practitioners Act 1981)","Nested conditions in s 12 (protection for agents) with 5 subsections and savings provisions preserving other laws","Prescribed forms in schedules reduce ambiguity but require compliance with formalities"],"plain_english_summary":"This South Australian law sets up the rules for **powers of attorney** — legal documents that let someone (the 'donor') appoint another person (the 'donee' or 'attorney') to make decisions or act on their behalf.\n\n**What it covers:**\n\n*   **General powers of attorney**: These let someone act for you but automatically stop working if you lose mental capacity (become legally unable to make decisions). They must be made by a formal legal document called a 'deed'.\n\n*   **Enduring powers of attorney**: These keep working even if you later lose mental capacity. Because they're more powerful, they have stricter rules:\n    *   Must be witnessed by someone authorised to take affidavits (sworn statements)\n    *   The person appointed must formally accept the role in writing\n    *   The attorney must act carefully to protect your interests and keep proper financial records\n    *   It's a criminal offence not to keep accurate accounts\n\n**Protections and oversight:**\n\n*   The **Supreme Court** can step in to check records, order audits, change or cancel powers, or give attorneys advice\n*   If someone dies after losing capacity, their will beneficiaries can ask the Court to fix any unfair advantages or disadvantages caused by the attorney's actions\n*   **Interstate recognition**: Powers of attorney made in other Australian states or territories are recognised in South Australia (with some limits)\n\n**Why it matters:**\nThis law protects vulnerable people who can no longer manage their own affairs, while giving families and trusted representatives clear legal authority to help. It balances flexibility (letting people choose who helps them) with safeguards (Court oversight and record-keeping rules) to prevent financial abuse."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not returned by the source. Only a website error page was provided for analysis."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404/Page Not Found error","The website underwent a structural migration on 24 March 2026, breaking legacy hyperlinks","Complexity cannot be meaningfully assessed without access to the Act's provisions","Score of 1 reflects absence of analyzable content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Powers of Attorney and Agency Act 1984* (SA) could not be retrieved — the legislation website returned a **Page Not Found** error, likely due to a website migration that occurred on 24 March 2026.\n\n**What we do know about this Act generally:**\nThis is a South Australian law that governs **powers of attorney** — legal documents that allow one person (the \"principal\") to authorise another person (the \"attorney\" or \"agent\") to make decisions and take actions on their behalf. This can cover things like managing finances, signing contracts, or handling property transactions.\n\n**To access the actual legislation**, try:\n- Visiting [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Updating any old bookmarks as the site restructured in March 2026\n- Emailing OPCWeb@sa.gov.au to report the broken link\n\n*No reliable legal analysis can be provided without the actual legislative text.*"}},"importantCases":[],"_links":{"self":"/api/acts/powers-of-attorney-and-agency-act-1984","history":"/api/acts/powers-of-attorney-and-agency-act-1984/history","analysis":"/api/acts/powers-of-attorney-and-agency-act-1984/analysis","conflicts":"/api/acts/powers-of-attorney-and-agency-act-1984/conflicts","importantCases":"/api/acts/powers-of-attorney-and-agency-act-1984/important-cases","documents":"/api/acts/powers-of-attorney-and-agency-act-1984/documents"}}