SAIn ForceAct
Legal Practitioners Act 1981
Div 7Authority of a legal practitioner to act on behalf of a person of unsound mind
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Division 7—Authority of a legal practitioner to act on behalf of a person of unsound mind
40—Authority of legal practitioner or foreign lawyer to act on behalf of person of unsound mind
(1) The authority of a legal practitioner or Australian-registered foreign lawyer to act on behalf of a person is not abrogated by reason only of the fact that that person becomes of unsound mind.
(2) When the mental unsoundness of a person on behalf of whom a legal practitioner or Australian-registered foreign lawyer is acting comes to the knowledge of the practitioner or lawyer, the authority of the practitioner or lawyer to act on behalf of that person ceases, subject to subsection (3), and determines.
(3) Where it is necessary for the purpose of protecting the interests of a person of unsound mind in any legal proceedings or other business, the authority of a legal practitioner or Australian-registered foreign lawyer, notwithstanding that the practitioner or lawyer knows of the mental unsoundness of the person on behalf of whom the practitioner or lawyer is acting, continues for the purpose of completing those proceedings or that business.