Section 53 - Guardianship and Administration Act 1995 - Administration order may not be made if enduring power of attorney is in force

53Administration order may not be made if enduring power of attorney is in force

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### 53 Administration order may not be made if enduring power of attorney is in force > > (1) [*\[Section 53 Subsection (1) amended by No. 21 of 2023, s. 47, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS47@EN) [*\[Section 53 Subsection (1) amended by No. 18 of 2021, s. 143, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS143@Hpa@EN) [*\[Section 53 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja24@GC2@EN) [*\[Section 53 Subsection (1) amended by No. 4 of 2000, s. 13, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS13@EN) Where a proposed represented person has granted an enduring power of attorney under [section 11A of the](/view/html/inforce/2026-04-12/act-1934-033#GS11A@EN) [Powers of Attorney Act 1934](/view/html/inforce/2026-04-12/act-1934-033) or under [section 30 of the](/view/html/inforce/2026-04-12/act-2000-068#GS30@EN) [Powers of Attorney Act 2000](/view/html/inforce/2026-04-12/act-2000-068) , it is not competent for the Tribunal to make an administration order in respect of the proposed represented person’s financial matters so long as the enduring power of attorney is in force unless the order is made under [Part 8](#HP8@EN) . > > > (2) [*\[Section 53 Subsection (2) amended by No. 18 of 2021, s. 143, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS143@Hpb@EN) [*\[Section 53 Subsection (2) substituted by No. 21 of 2023, s. 48, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS48@Hpa@EN) If any such enduring power of attorney relates to only some financial matters for the proposed represented person, the Tribunal may make an administration order for the proposed represented person in respect of the financial matters that are not subject to the enduring power of attorney. > > > (3) [*\[Section 53 Subsection (3) amended by No. 21 of 2023, s. 48, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS48@Hpb@EN) *\[Section 53 Subsection (3) amended by No. 33 of 1996, s. 5 \]*Notwithstanding [subsection (1)](#GS53@Gs1@EN) , any action taken by a person purporting to act under an administration order before the person has notice of an enduring power of attorney is valid and effectual.