Introduction

sec.7 Application of ch 2

This chapter does not apply to enduring powers of attorney. Except where otherwise provided, this chapter applies to all other powers of attorney made, whether under this Act or otherwise, after the commencement of this Act. s 7 amd 2023 No. 27 s 289 sch 3 (sec.7-ssec.1) This chapter does not apply to enduring powers of attorney. (sec.7-ssec.2) Except where otherwise provided, this chapter applies to all other powers of attorney made, whether under this Act or otherwise, after the commencement of this Act.

sec.8 Powers of attorney

By a general power of attorney made under this Act , a person ( principal ) may— authorise 1 or more other persons ( attorneys ) to do for the principal anything (other than exercise power for a personal matter) that the principal can lawfully do by an attorney; and Only an attorney under an enduring power of attorney may exercise power for a personal matter for a principal. provide terms or information about exercising the power.

• (a) authorise 1 or more other persons ( attorneys ) to do for the principal anything (other than exercise power for a personal matter) that the principal can lawfully do by an attorney; and Note— Only an attorney under an enduring power of attorney may exercise power for a personal matter for a principal.
• (b) provide terms or information about exercising the power.

sec.9 When attorney’s power exercisable

A principal may specify in a power of attorney a time when, circumstance in which, or occasion on which, the power is exercisable. However, if the power of attorney does not specify a time when, circumstance in which, or occasion on which, the power is exercisable, the power becomes exercisable once the power of attorney is made. (sec.9-ssec.1) A principal may specify in a power of attorney a time when, circumstance in which, or occasion on which, the power is exercisable. (sec.9-ssec.2) However, if the power of attorney does not specify a time when, circumstance in which, or occasion on which, the power is exercisable, the power becomes exercisable once the power of attorney is made.

sec.10 Powers of attorney given as security

A power of attorney given as security is a power of attorney (other than an enduring power of attorney)— whether made under this Act or otherwise and whether made before or after the commencement of this Act; and given by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and that states it is irrevocable. Despite chapter 2 , part 3 , a power of attorney given as security is incapable of revocation except with the consent of the attorney while— the attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or the obligation, the performance of which is secured by the power of attorney, remains undischarged. Also, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security. A power of attorney given as security for a proprietary interest may be given to— the person entitled to the interest and the persons deriving title under the person to the interest; or a representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 . The persons deriving title are taken to be attorneys of the power of attorney for all purposes. Subsection (4) does not affect a right in the power of attorney to appoint substitute attorneys. The power of a registered proprietor under the Land Title Act 1994 to revoke a power of attorney is subject to this section. (sec.10-ssec.1) A power of attorney given as security is a power of attorney (other than an enduring power of attorney)— whether made under this Act or otherwise and whether made before or after the commencement of this Act; and given by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and that states it is irrevocable. (sec.10-ssec.2) Despite chapter 2 , part 3 , a power of attorney given as security is incapable of revocation except with the consent of the attorney while— the attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or the obligation, the performance of which is secured by the power of attorney, remains undischarged. Also, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security. (sec.10-ssec.3) A power of attorney given as security for a proprietary interest may be given to— the person entitled to the interest and the persons deriving title under the person to the interest; or a representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 . (sec.10-ssec.4) The persons deriving title are taken to be attorneys of the power of attorney for all purposes. (sec.10-ssec.5) Subsection (4) does not affect a right in the power of attorney to appoint substitute attorneys. (sec.10-ssec.6) The power of a registered proprietor under the Land Title Act 1994 to revoke a power of attorney is subject to this section.

• (a) whether made under this Act or otherwise and whether made before or after the commencement of this Act; and
• (b) given by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and
• (c) that states it is irrevocable.
• (a) the attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or
• (b) the obligation, the performance of which is secured by the power of attorney, remains undischarged. Note— Also, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security.
• (a) the person entitled to the interest and the persons deriving title under the person to the interest; or
• (b) a representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .

Making a power of attorney other than an enduring power of attorney

sec.11 Form of general power of attorney made under Act

A general power of attorney made under this Act must be in the approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). Strict compliance with the form is not necessary and substantial compliance is sufficient— Acts Interpretation Act 1954 , section 48A (Compliance with forms).

sec.12 Execution of powers of attorney

This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal. See the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed. See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed. An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal. See also part 3A . This section does not affect— a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or the rules about the execution of instruments by corporations. s 12 amd 2021 No. 23 s 45 ; 2023 No. 27 s 289 sch 3 (sec.12-ssec.1) This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal. See the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed. See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed. (sec.12-ssec.2) An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal. See also part 3A . (sec.12-ssec.3) This section does not affect— a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or the rules about the execution of instruments by corporations.

• 1 See the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed.
• 2 See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed.
• (a) a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or
• (b) the rules about the execution of instruments by corporations.

sec.13 Appointment of 1 or more attorneys

By a general power of attorney made under this Act, a principal may— appoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and appoint as attorney— a person by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 . If a specified officer or the holder of a specified office is appointed as an attorney— the appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and the power may be exercised by the person for the time being occupying or acting in the office concerned. (sec.13-ssec.1) By a general power of attorney made under this Act, a principal may— appoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and appoint as attorney— a person by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 . (sec.13-ssec.2) If a specified officer or the holder of a specified office is appointed as an attorney— the appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and the power may be exercised by the person for the time being occupying or acting in the office concerned.

• (a) appoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and
• (b) appoint as attorney— (i) a person by name; or (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .
• (i) a person by name; or
• (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .
• (i) a person by name; or
• (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .
• (a) the appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and
• (b) the power may be exercised by the person for the time being occupying or acting in the office concerned.

sec.14 Proof of power of attorney

A power of attorney may be proved by a copy of the power of attorney certified under this section. Each page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original. The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original. Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker. If a copy of a power of attorney has been certified under this section, the power of attorney may also be proved by a copy, certified under this section, of the certified copy. This section does not prevent a power of attorney being proved in another way. This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2). (sec.14-ssec.1) A power of attorney may be proved by a copy of the power of attorney certified under this section. (sec.14-ssec.2) Each page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original. (sec.14-ssec.3) The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original. (sec.14-ssec.4) Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker. (sec.14-ssec.5) If a copy of a power of attorney has been certified under this section, the power of attorney may also be proved by a copy, certified under this section, of the certified copy. (sec.14-ssec.6) This section does not prevent a power of attorney being proved in another way. (sec.14-ssec.7) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).

• (a) the principal;
• (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .
• (c) a commissioner for declarations;
• (d) a notary public;
• (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
• (f) a trustee company under the Trustee Companies Act 1968 ;
• (g) a stockbroker.

Revoking a power of attorney other than an enduring power of attorney

Introduction

sec.15 Relationship with other law

This part does not limit the events by which, or circumstances in which, a power of attorney is revoked orally or in another way or terminated by implication or operation of law.

Revocation by principal

sec.16 Advice of revocation

If a power of attorney is revoked under this division, the principal must take reasonable steps— to advise all attorneys affected by the revocation; and for a power of attorney registered in the power of attorney register—to deregister it.

• (a) to advise all attorneys affected by the revocation; and
• (b) for a power of attorney registered in the power of attorney register—to deregister it.

sec.17 Written revocation

If a power of attorney is or becomes revocable, it may be revoked by an instrument in the approved form executed in the same way as the power of attorney. Subsection (1) does not affect the rules about the execution of instruments by corporations. This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2). (sec.17-ssec.1) If a power of attorney is or becomes revocable, it may be revoked by an instrument in the approved form executed in the same way as the power of attorney. (sec.17-ssec.2) Subsection (1) does not affect the rules about the execution of instruments by corporations. (sec.17-ssec.3) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).

sec.18 Impaired capacity

If a principal becomes a person who has impaired capacity, the power of attorney is revoked. However, for a power of attorney given as security, see section 10 . However, if a principal becomes incommunicate, the court may by order confirm that, from the date of the order, all or part of the power of attorney remains in full force and effect if the court is satisfied that the confirmation is for the benefit of the principal. For this section, a person becomes incommunicate if the person becomes incapable of communicating decisions about the person’s financial, property or legal affairs in some way. (sec.18-ssec.1) If a principal becomes a person who has impaired capacity, the power of attorney is revoked. However, for a power of attorney given as security, see section 10 . (sec.18-ssec.2) However, if a principal becomes incommunicate, the court may by order confirm that, from the date of the order, all or part of the power of attorney remains in full force and effect if the court is satisfied that the confirmation is for the benefit of the principal. (sec.18-ssec.3) For this section, a person becomes incommunicate if the person becomes incapable of communicating decisions about the person’s financial, property or legal affairs in some way.

sec.19 Death

When a principal dies, the power of attorney is revoked.

Revocation according to terms

sec.20 According to terms

A power of attorney is revoked according to its terms. If a power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period. If a power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.

• 1 If a power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.
• 2 If a power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.

Revocation by attorney

sec.21 Resignation

If an attorney resigns, the power of attorney is revoked to the extent it gives power to the attorney. An attorney may resign by signed notice to the principal— section 72 (1) .

sec.22 Impaired capacity

If an attorney becomes a person who has impaired capacity, the power of attorney is revoked to the extent it gives power to the attorney. However, for a power of attorney given as security, see section 10 .

sec.23 Bankruptcy or insolvency

If an individual attorney becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power to the attorney. However, for a power of attorney given as security, see section 10 . If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. X is an attorney under a power of attorney that is not given as security. X becomes bankrupt. Therefore, the power of attorney is revoked to the extent it gives power to X. If X was a joint and several attorney with Y, the power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the power of attorney gives power to an alternative or successive attorney, the alternative or next attorney may then exercise power. If none of these apply, no-one is able to exercise power under the power of attorney. s 23 amd 2004 No. 43 s 3 sch (sec.23-ssec.1) If an individual attorney becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power to the attorney. However, for a power of attorney given as security, see section 10 . (sec.23-ssec.2) If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. X is an attorney under a power of attorney that is not given as security. X becomes bankrupt. Therefore, the power of attorney is revoked to the extent it gives power to X. If X was a joint and several attorney with Y, the power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the power of attorney gives power to an alternative or successive attorney, the alternative or next attorney may then exercise power. If none of these apply, no-one is able to exercise power under the power of attorney.

sec.24 Death

When an attorney dies, the power of attorney is revoked to the extent it gives power to the attorney. See section 59A (Effect of power ending). s 24 amd 2004 No. 43 s 3 sch

General powers of attorney for businesses

sec.24A Definitions for part

In this part— accepted method , for electronically signing a general power of attorney, means— a method prescribed under section 24G ; or if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that— identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and is either— as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence. business — means— a corporation; or a partnership under the Partnership Act 1891 , section 5 ; or another unincorporated association; but does not include an enterprise carried on by a sole trader. corporation includes— a corporation under the Corporations Act , section 57A ; and a corporation sole; and a statutory corporation. counterpart , for a document, see section 24B . document ... s 24A def document om 2023 No. 23 s 247 sch 1 s 32 electronically sign , a document, means sign the document using an accepted method. electronic document ... s 24A def electronic document om 2023 No. 23 s 247 sch 1 s 32 general power of attorney means a general power of attorney made under this Act. information includes information in the form of data, text or images. make , in relation to a document, includes execute. physical document means a document other than an electronic document. s 24A def physical document sub 2023 No. 23 s 247 sch 1 s 32 seal , of a corporation, includes a common seal of the corporation. sign , a document, means— for a physical document—physically sign the document; or for an electronic document—electronically sign the document. statutory corporation means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act . witness , a document, includes witness the signing of the document. s 24A ins 2021 No. 23 s 46

• (a) a method prescribed under section 24G ; or
• (b) if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that— (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
• (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
• (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and
• (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
• (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or
• (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.
• (a) means— (i) a corporation; or (ii) a partnership under the Partnership Act 1891 , section 5 ; or (iii) another unincorporated association; but
• (i) a corporation; or
• (ii) a partnership under the Partnership Act 1891 , section 5 ; or
• (iii) another unincorporated association; but
• (b) does not include an enterprise carried on by a sole trader.
• (i) a corporation; or
• (ii) a partnership under the Partnership Act 1891 , section 5 ; or
• (iii) another unincorporated association; but
• (a) a corporation under the Corporations Act , section 57A ; and
• (b) a corporation sole; and
• (c) a statutory corporation.
• (a) for a physical document—physically sign the document; or
• (b) for an electronic document—electronically sign the document.

sec.24B What is a counterpart for a document

A counterpart , for a document, is a copy of the document that includes the entire contents of the document. Despite subsection (1) , a counterpart need not include— the signatures of the other persons who are to sign the document; or if a common seal is fixed to the document—the seal. s 24B ins 2021 No. 23 s 46 (sec.24B-ssec.1) A counterpart , for a document, is a copy of the document that includes the entire contents of the document. (sec.24B-ssec.2) Despite subsection (1) , a counterpart need not include— the signatures of the other persons who are to sign the document; or if a common seal is fixed to the document—the seal.

• (a) the signatures of the other persons who are to sign the document; or
• (b) if a common seal is fixed to the document—the seal.

sec.24C Application of part

This part applies in relation to a general power of attorney for a business. A reference in this part to a general power of attorney is taken to include a reference to a document revoking a general power of attorney. If a provision of this part is inconsistent with any other provision of this Act, the provision of this part prevails to the extent of the inconsistency. s 24C ins 2021 No. 23 s 46 (sec.24C-ssec.1) This part applies in relation to a general power of attorney for a business. (sec.24C-ssec.2) A reference in this part to a general power of attorney is taken to include a reference to a document revoking a general power of attorney. (sec.24C-ssec.3) If a provision of this part is inconsistent with any other provision of this Act, the provision of this part prevails to the extent of the inconsistency.

sec.24D Relationship with other laws

If there is an inconsistency between this part and any other law in relation to a general power of attorney, this part prevails to the extent of the inconsistency. Despite subsection (1) , this part does not affect the way in which general powers of attorney are executed under the Land Title Act 1994 or the Land Act 1994 . s 24D ins 2021 No. 23 s 46 (sec.24D-ssec.1) If there is an inconsistency between this part and any other law in relation to a general power of attorney, this part prevails to the extent of the inconsistency. (sec.24D-ssec.2) Despite subsection (1) , this part does not affect the way in which general powers of attorney are executed under the Land Title Act 1994 or the Land Act 1994 .

sec.24E No sealing required

A general power of attorney for a business may be made even if it is not sealed or stated to be sealed. s 24E ins 2021 No. 23 s 46

sec.24F General power of attorney may be in form of electronic document and electronically signed

A general power of attorney for a business may be in the form of an electronic document and may be electronically signed if it is executed under this part. s 24F ins 2021 No. 23 s 46

sec.24G Accepted method for electronically signing general power of attorney

A regulation may prescribe an accepted method, or what is not an accepted method, for electronically signing a general power of attorney for a business. s 24G ins 2021 No. 23 s 46

sec.24H Execution by corporation

A corporation may execute a general power of attorney, without using a common seal, if the document is signed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary; or a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal. A corporation with a common seal may execute a general power of attorney if the seal is fixed to the document and the fixing of the seal is witnessed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary. For subsection (2) , the fixing of a common seal to a document is taken to have been witnessed by a person mentioned in paragraph (a) , (b) or (c) of that subsection if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. Also, for a statutory corporation, the general power of attorney may be signed by a person, or in a way, authorised by the Act under which the corporation is established, incorporated or registered. Further, for a corporation that is not incorporated under an Australian law, the general power of attorney may be signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated. A general power of attorney may be signed under this section whether or not in the presence of a witness. If a person signs a general power of attorney for a corporation as a lawfully authorised agent or attorney for the corporation, the person must— sign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and if the person is a corporation—sign the general power of attorney under this section. This section does not limit the ways in which a general power of attorney for a corporation may be executed by the corporation. In this section— attorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney or another law. audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. director , of a corporation, means a member of the board of directors, council or other governing body of the corporation. secretary , of a corporation, means the clerk, secretary or other permanent officer of the corporation. s 24H ins 2021 No. 23 s 46 (sec.24H-ssec.1) A corporation may execute a general power of attorney, without using a common seal, if the document is signed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary; or a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal. (sec.24H-ssec.2) A corporation with a common seal may execute a general power of attorney if the seal is fixed to the document and the fixing of the seal is witnessed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary. (sec.24H-ssec.3) For subsection (2) , the fixing of a common seal to a document is taken to have been witnessed by a person mentioned in paragraph (a) , (b) or (c) of that subsection if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. (sec.24H-ssec.4) Also, for a statutory corporation, the general power of attorney may be signed by a person, or in a way, authorised by the Act under which the corporation is established, incorporated or registered. (sec.24H-ssec.5) Further, for a corporation that is not incorporated under an Australian law, the general power of attorney may be signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated. (sec.24H-ssec.6) A general power of attorney may be signed under this section whether or not in the presence of a witness. (sec.24H-ssec.7) If a person signs a general power of attorney for a corporation as a lawfully authorised agent or attorney for the corporation, the person must— sign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and if the person is a corporation—sign the general power of attorney under this section. (sec.24H-ssec.8) This section does not limit the ways in which a general power of attorney for a corporation may be executed by the corporation. (sec.24H-ssec.9) In this section— attorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney or another law. audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. director , of a corporation, means a member of the board of directors, council or other governing body of the corporation. secretary , of a corporation, means the clerk, secretary or other permanent officer of the corporation.

• (a) 2 directors of the corporation; or
• (b) 1 director and 1 secretary of the corporation; or
• (c) for a proprietary company that has a sole director—that director, if— (i) the director is also the sole company secretary; or (ii) the company does not have a company secretary; or
• (i) the director is also the sole company secretary; or
• (ii) the company does not have a company secretary; or
• (d) a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal.
• (i) the director is also the sole company secretary; or
• (ii) the company does not have a company secretary; or
• (a) 2 directors of the corporation; or
• (b) 1 director and 1 secretary of the corporation; or
• (c) for a proprietary company that has a sole director—that director, if— (i) the director is also the sole company secretary; or (ii) the company does not have a company secretary.
• (i) the director is also the sole company secretary; or
• (ii) the company does not have a company secretary.
• (i) the director is also the sole company secretary; or
• (ii) the company does not have a company secretary.
• (a) the person observes the fixing of the seal by audio visual link; and
• (b) the person signs the document; and
• (c) the document includes a statement that the person observed the fixing of the seal by audio visual link.
• (a) sign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and
• (b) if the person is a corporation—sign the general power of attorney under this section.

sec.24I Execution by partnership or unincorporated association

An individual may execute a general power of attorney on behalf of a partnership or unincorporated association by signing the general power of attorney. An individual may sign a general power of attorney under subsection (1) whether or not in the presence of a witness. If an individual signs a general power of attorney under subsection (1) , the individual must sign the general power of attorney in a way that indicates the person is executing the general power of attorney on behalf of the partnership or unincorporated association. This section does not limit or otherwise affect another law or instrument that requires or permits a general power of attorney executed on behalf of a partnership or unincorporated association to be executed in a particular way. This section does not affect an instrument that requires or permits a general power of attorney executed on behalf of a partnership to be executed by a stated number of partners. s 24I ins 2021 No. 23 s 46 (sec.24I-ssec.1) An individual may execute a general power of attorney on behalf of a partnership or unincorporated association by signing the general power of attorney. (sec.24I-ssec.2) An individual may sign a general power of attorney under subsection (1) whether or not in the presence of a witness. (sec.24I-ssec.3) If an individual signs a general power of attorney under subsection (1) , the individual must sign the general power of attorney in a way that indicates the person is executing the general power of attorney on behalf of the partnership or unincorporated association. (sec.24I-ssec.4) This section does not limit or otherwise affect another law or instrument that requires or permits a general power of attorney executed on behalf of a partnership or unincorporated association to be executed in a particular way. This section does not affect an instrument that requires or permits a general power of attorney executed on behalf of a partnership to be executed by a stated number of partners.

sec.24J Requirement for signatory

A person signing a general power of attorney for a business must include the following information on the general power of attorney near the person’s signature— the person’s full name; the person’s office or designation in relation to the business. s 24J ins 2021 No. 23 s 46

• (a) the person’s full name;
• (b) the person’s office or designation in relation to the business.

sec.24K Signing counterpart or true copy

This section applies if 2 or more persons are to sign a general power of attorney for a business. A person signing the general power of attorney for the business may sign a counterpart or true copy of the general power of attorney. For subsection (2) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the general power of attorney about the method used for electronically signing the general power of attorney. s 24K ins 2021 No. 23 s 46 (sec.24K-ssec.1) This section applies if 2 or more persons are to sign a general power of attorney for a business. (sec.24K-ssec.2) A person signing the general power of attorney for the business may sign a counterpart or true copy of the general power of attorney. (sec.24K-ssec.3) For subsection (2) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the general power of attorney about the method used for electronically signing the general power of attorney.

sec.24L Lodgement or deposit of general power of attorney in registry

This section applies to a general power of attorney that is proposed to be lodged or deposited in a registry for a purpose. If the general power of attorney is made in counterparts, each counterpart must be lodged or deposited in the registry for the purpose. If the general power of attorney or a counterpart of the general power of attorney is in the form of an electronic document, a printed copy of the general power of attorney or counterpart certified under subsection (4) must be lodged or deposited in the registry for the purpose. For subsection (3) , the printed copy must be certified as a true copy of the original general power of attorney or counterpart— on the last page of the printed copy; and by 1 of the following persons— 1 of the signatories; a lawyer; a justice; a commissioner for declarations; a notary public; a trustee company under the Trustee Companies Act 1968 ; a stockbroker. In this section— registry means— the land registry; or the water allocations register under the Water Act 2000 . s 24L ins 2021 No. 23 s 46 (sec.24L-ssec.1) This section applies to a general power of attorney that is proposed to be lodged or deposited in a registry for a purpose. (sec.24L-ssec.2) If the general power of attorney is made in counterparts, each counterpart must be lodged or deposited in the registry for the purpose. (sec.24L-ssec.3) If the general power of attorney or a counterpart of the general power of attorney is in the form of an electronic document, a printed copy of the general power of attorney or counterpart certified under subsection (4) must be lodged or deposited in the registry for the purpose. (sec.24L-ssec.4) For subsection (3) , the printed copy must be certified as a true copy of the original general power of attorney or counterpart— on the last page of the printed copy; and by 1 of the following persons— 1 of the signatories; a lawyer; a justice; a commissioner for declarations; a notary public; a trustee company under the Trustee Companies Act 1968 ; a stockbroker. (sec.24L-ssec.5) In this section— registry means— the land registry; or the water allocations register under the Water Act 2000 .

• (a) on the last page of the printed copy; and
• (b) by 1 of the following persons— (i) 1 of the signatories; (ii) a lawyer; (iii) a justice; (iv) a commissioner for declarations; (v) a notary public; (vi) a trustee company under the Trustee Companies Act 1968 ; (vii) a stockbroker.
• (i) 1 of the signatories;
• (ii) a lawyer;
• (iii) a justice;
• (iv) a commissioner for declarations;
• (v) a notary public;
• (vi) a trustee company under the Trustee Companies Act 1968 ;
• (vii) a stockbroker.
• (i) 1 of the signatories;
• (ii) a lawyer;
• (iii) a justice;
• (iv) a commissioner for declarations;
• (v) a notary public;
• (vi) a trustee company under the Trustee Companies Act 1968 ;
• (vii) a stockbroker.
• (a) the land registry; or
• (b) the water allocations register under the Water Act 2000 .

Other provisions

sec.25 Registration of powers of attorney and instruments revoking powers

A power of attorney may be registered. An instrument revoking a power of attorney may be registered. Subject to another Act or a contrary intention in the power of attorney, if the power of attorney has been registered under an Act, it does not cease to authorise the attorney to do for the principal anything relevant to the purpose for which it was registered until an instrument revoking the power of attorney has been registered. This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2). (sec.25-ssec.1) A power of attorney may be registered. (sec.25-ssec.2) An instrument revoking a power of attorney may be registered. (sec.25-ssec.3) Subject to another Act or a contrary intention in the power of attorney, if the power of attorney has been registered under an Act, it does not cease to authorise the attorney to do for the principal anything relevant to the purpose for which it was registered until an instrument revoking the power of attorney has been registered. (sec.25-ssec.4) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).

sec.26 Offence to dishonestly induce the making or revocation of power of attorney

A person must not dishonestly induce a person to make or revoke a power of attorney. Maximum penalty—200 penalty units. This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2). (sec.26-ssec.1) A person must not dishonestly induce a person to make or revoke a power of attorney. Maximum penalty—200 penalty units. (sec.26-ssec.2) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).

Application and interpretation

sec.27 Application of ch 3

Except where otherwise provided, this chapter applies only to enduring documents.

sec.28 Meaning of enduring document

An enduring document is an enduring power of attorney or an advance health directive. s 28 amd 2023 No. 27 s 289 sch 3

sec.29 Meaning of eligible attorney

An eligible attorney , for a matter under an enduring power of attorney, means— a person who— has capacity for the matter and is at least 18 years; and is not, and has not been within the previous 3 years, a paid carer for the principal; and See schedule 3 for the definition paid carer . is not a health provider for the principal; and See schedule 3 for the definition health provider . is not a service provider for a residential service where the principal is a resident; and if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or for a financial matter only— the public trustee; or a trustee company under the Trustee Companies Act 1968 ; or for a personal matter only—the public guardian. An eligible attorney , for a matter under an advance health directive, means— a person who has capacity for the matter who is— at least 18 years; and not a paid carer, or health provider, for the principal; and See schedule 3 for the definitions paid carer and health provider . not a service provider for a residential service where the principal is a resident; or the public guardian. s 29 amd 2004 No. 43 s 91 ; 2014 No. 26 s 266 ; 2019 No. 9 s 57 (sec.29-ssec.1) An eligible attorney , for a matter under an enduring power of attorney, means— a person who— has capacity for the matter and is at least 18 years; and is not, and has not been within the previous 3 years, a paid carer for the principal; and See schedule 3 for the definition paid carer . is not a health provider for the principal; and See schedule 3 for the definition health provider . is not a service provider for a residential service where the principal is a resident; and if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or for a financial matter only— the public trustee; or a trustee company under the Trustee Companies Act 1968 ; or for a personal matter only—the public guardian. (sec.29-ssec.2) An eligible attorney , for a matter under an advance health directive, means— a person who has capacity for the matter who is— at least 18 years; and not a paid carer, or health provider, for the principal; and See schedule 3 for the definitions paid carer and health provider . not a service provider for a residential service where the principal is a resident; or the public guardian.

• (a) a person who— (i) has capacity for the matter and is at least 18 years; and (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer . (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider . (iv) is not a service provider for a residential service where the principal is a resident; and (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or
• (i) has capacity for the matter and is at least 18 years; and
• (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer .
• (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider .
• (iv) is not a service provider for a residential service where the principal is a resident; and
• (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or
• (b) for a financial matter only— (i) the public trustee; or (ii) a trustee company under the Trustee Companies Act 1968 ; or
• (i) the public trustee; or
• (ii) a trustee company under the Trustee Companies Act 1968 ; or
• (c) for a personal matter only—the public guardian.
• (i) has capacity for the matter and is at least 18 years; and
• (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer .
• (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider .
• (iv) is not a service provider for a residential service where the principal is a resident; and
• (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or
• (i) the public trustee; or
• (ii) a trustee company under the Trustee Companies Act 1968 ; or
• (a) a person who has capacity for the matter who is— (i) at least 18 years; and (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider . (iii) not a service provider for a residential service where the principal is a resident; or
• (i) at least 18 years; and
• (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider .
• (iii) not a service provider for a residential service where the principal is a resident; or
• (b) the public guardian.
• (i) at least 18 years; and
• (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider .
• (iii) not a service provider for a residential service where the principal is a resident; or

sec.30 Meaning of eligible signer

An eligible signer , to sign a document for a principal, is a person who— is at least 18 years; and is not the witness for the document; and is not an attorney of the principal. To avoid any doubt, it is declared that a person is not excluded from being an eligible signer merely because the person is an attorney’s employee who signs the document while acting in the ordinary course of employment. In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document. (sec.30-ssec.1) An eligible signer , to sign a document for a principal, is a person who— is at least 18 years; and is not the witness for the document; and is not an attorney of the principal. (sec.30-ssec.2) To avoid any doubt, it is declared that a person is not excluded from being an eligible signer merely because the person is an attorney’s employee who signs the document while acting in the ordinary course of employment. (sec.30-ssec.3) In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.

• (a) is at least 18 years; and
• (b) is not the witness for the document; and
• (c) is not an attorney of the principal.
• (a) a person who is an attorney of the principal whether under the document or otherwise; or
• (b) if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.

sec.31 Meaning of eligible witness

An eligible witness , for a document, is a person who— except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . is not the person signing the document for the principal; and is not an attorney of the principal; and is not a relation of the principal or a relation of an attorney of the principal; and if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and for an advance health directive—is not a beneficiary under the principal’s will. To avoid any doubt, it is declared that a person is not excluded from being an eligible witness merely because the person is an attorney’s employee who is the witness for the document while acting in the ordinary course of employment. In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document. s 31 amd 2019 No. 9 s 58 (sec.31-ssec.1) An eligible witness , for a document, is a person who— except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . is not the person signing the document for the principal; and is not an attorney of the principal; and is not a relation of the principal or a relation of an attorney of the principal; and if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and for an advance health directive—is not a beneficiary under the principal’s will. (sec.31-ssec.2) To avoid any doubt, it is declared that a person is not excluded from being an eligible witness merely because the person is an attorney’s employee who is the witness for the document while acting in the ordinary course of employment. (sec.31-ssec.3) In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.

• (a) except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
• (b) is not the person signing the document for the principal; and
• (c) is not an attorney of the principal; and
• (d) is not a relation of the principal or a relation of an attorney of the principal; and
• (e) if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and
• (f) for an advance health directive—is not a beneficiary under the principal’s will.
• (a) a person who is an attorney of the principal whether under the document or otherwise; or
• (b) if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.

Enduring power of attorney provisions

sec.32 Enduring powers of attorney

By an enduring power of attorney , an adult ( principal ) may— authorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and personal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 . provide terms or information about exercising the power. An enduring power of attorney giving power for a matter is not revoked by the principal becoming a person with impaired capacity for the matter. To remove any doubt, it is declared that an enduring power of attorney may be made by an adult principal who is outside the State. s 32 amd 2019 No. 9 s 59 ; 2023 No. 27 s 289 sch 3 (sec.32-ssec.1) By an enduring power of attorney , an adult ( principal ) may— authorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and personal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 . provide terms or information about exercising the power. (sec.32-ssec.2) An enduring power of attorney giving power for a matter is not revoked by the principal becoming a person with impaired capacity for the matter. (sec.32-ssec.3) To remove any doubt, it is declared that an enduring power of attorney may be made by an adult principal who is outside the State.

• (a) authorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and Note— personal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 .
• (b) provide terms or information about exercising the power.

sec.33 When attorney’s power exercisable

A principal may specify in an enduring power of attorney a time when, circumstance in which, or occasion on which, a power for a financial matter is exercisable. However, if the enduring power of attorney does not specify a time when, circumstance in which, or occasion on which, power for a financial matter becomes exercisable, the power becomes exercisable once the enduring power of attorney is made. Also, if— a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and before the specified time, circumstance or occasion, the principal has impaired capacity for the matter; power for the matter is exercisable during any or every period the principal has the impaired capacity. Power for a personal matter under the enduring power of attorney is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) . If an attorney’s power for a matter depends on the principal having impaired capacity for a matter, a person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has the impaired capacity. s 33 amd 2000 No. 8 s 263 sch 3 (sec.33-ssec.1) A principal may specify in an enduring power of attorney a time when, circumstance in which, or occasion on which, a power for a financial matter is exercisable. (sec.33-ssec.2) However, if the enduring power of attorney does not specify a time when, circumstance in which, or occasion on which, power for a financial matter becomes exercisable, the power becomes exercisable once the enduring power of attorney is made. (sec.33-ssec.3) Also, if— a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and before the specified time, circumstance or occasion, the principal has impaired capacity for the matter; power for the matter is exercisable during any or every period the principal has the impaired capacity. (sec.33-ssec.4) Power for a personal matter under the enduring power of attorney is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) . (sec.33-ssec.5) If an attorney’s power for a matter depends on the principal having impaired capacity for a matter, a person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has the impaired capacity.

• (a) a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and
• (b) before the specified time, circumstance or occasion, the principal has impaired capacity for the matter;

sec.34 Recognition of enduring power of attorney made in other jurisdictions

If an enduring power of attorney is made in another jurisdiction and complies with the requirements in the other jurisdiction, then, to the extent the powers it gives could validly have been given by an enduring power of attorney made under this Act, the enduring power of attorney must be treated as if it were an enduring power of attorney made under, and in compliance with, this Act. s 34 amd 2019 No. 9 s 60

Advance health directive provisions

sec.35 Advance health directives

By an advance health directive , an adult principal may— give directions, about health matters and special health matters, for his or her future health care; and give information about his or her directions; and appoint 1 or more persons who are eligible attorneys to exercise power for a health matter for the principal in the event the directions prove inadequate; and Note this does not include a special health matter. provide terms or information about exercising the power. Without limiting subsection (1) , by an advance health directive the principal may give a direction— consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided; and requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and authorising an attorney to physically restrain, move or manage the principal, or have the principal physically restrained, moved or managed, for the purpose of health care when necessary and despite objection by the principal when the restraint, movement or management is provided. A direction in an advance health directive has priority over a general or specific power for health matters given to any attorney. An advance health directive is not revoked by the principal becoming a person with impaired capacity. To remove any doubt, it is declared that an advance health directive may be made by an adult principal who is outside the State. s 35 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 24 ; 2019 No. 9 s 61 (sec.35-ssec.1) By an advance health directive , an adult principal may— give directions, about health matters and special health matters, for his or her future health care; and give information about his or her directions; and appoint 1 or more persons who are eligible attorneys to exercise power for a health matter for the principal in the event the directions prove inadequate; and Note this does not include a special health matter. provide terms or information about exercising the power. (sec.35-ssec.2) Without limiting subsection (1) , by an advance health directive the principal may give a direction— consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided; and requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and authorising an attorney to physically restrain, move or manage the principal, or have the principal physically restrained, moved or managed, for the purpose of health care when necessary and despite objection by the principal when the restraint, movement or management is provided. (sec.35-ssec.3) A direction in an advance health directive has priority over a general or specific power for health matters given to any attorney. (sec.35-ssec.4) An advance health directive is not revoked by the principal becoming a person with impaired capacity. (sec.35-ssec.5) To remove any doubt, it is declared that an advance health directive may be made by an adult principal who is outside the State.

• (a) give directions, about health matters and special health matters, for his or her future health care; and
• (b) give information about his or her directions; and
• (c) appoint 1 or more persons who are eligible attorneys to exercise power for a health matter for the principal in the event the directions prove inadequate; and Note— Note this does not include a special health matter.
• (d) provide terms or information about exercising the power.
• (a) consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided; and
• (b) requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and
• (c) authorising an attorney to physically restrain, move or manage the principal, or have the principal physically restrained, moved or managed, for the purpose of health care when necessary and despite objection by the principal when the restraint, movement or management is provided.

sec.36 Operation of advance health directive

A direction in an advance health directive— operates only while the principal has impaired capacity for the matter covered by the direction; and is as effective as if— the principal gave the direction when decisions about the matter needed to be made; and the principal then had capacity for the matter. See also section 101 (No less protection than if adult gave health consent). A direction to withhold or withdraw a life-sustaining measure can not operate unless— 1 of the following applies— the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year; the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing; the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; This is sometimes referred to as ‘a coma’. the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and for a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and the principal has no reasonable prospect of regaining capacity for health matters. life-sustaining measure is defined in schedule 2 , section 5A . An attorney’s power for a health matter under an advance health directive is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) . While power for a health matter is exercisable under an advance health directive, the directive gives the attorney for the matter power to do, for the principal, anything in relation to the matter the principal could lawfully do if the principal had capacity for the matter. However, the power given is subject to the terms of the advance health directive and this Act. A person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has impaired capacity for the matter. s 36 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 25 (sec.36-ssec.1) A direction in an advance health directive— operates only while the principal has impaired capacity for the matter covered by the direction; and is as effective as if— the principal gave the direction when decisions about the matter needed to be made; and the principal then had capacity for the matter. See also section 101 (No less protection than if adult gave health consent). (sec.36-ssec.2) A direction to withhold or withdraw a life-sustaining measure can not operate unless— 1 of the following applies— the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year; the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing; the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; This is sometimes referred to as ‘a coma’. the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and for a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and the principal has no reasonable prospect of regaining capacity for health matters. life-sustaining measure is defined in schedule 2 , section 5A . (sec.36-ssec.3) An attorney’s power for a health matter under an advance health directive is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) . (sec.36-ssec.4) While power for a health matter is exercisable under an advance health directive, the directive gives the attorney for the matter power to do, for the principal, anything in relation to the matter the principal could lawfully do if the principal had capacity for the matter. (sec.36-ssec.5) However, the power given is subject to the terms of the advance health directive and this Act. (sec.36-ssec.6) A person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has impaired capacity for the matter.

• (a) operates only while the principal has impaired capacity for the matter covered by the direction; and
• (b) is as effective as if— (i) the principal gave the direction when decisions about the matter needed to be made; and (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).
• (i) the principal gave the direction when decisions about the matter needed to be made; and
• (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).
• (i) the principal gave the direction when decisions about the matter needed to be made; and
• (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).
• (a) 1 of the following applies— (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year; (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing; (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’. (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and
• (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year;
• (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing;
• (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’.
• (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and
• (b) for a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and
• (c) the principal has no reasonable prospect of regaining capacity for health matters.
• (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year;
• (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing;
• (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’.
• (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and

sec.37 Act does not authorise euthanasia or affect particular provisions of Criminal Code

To avoid any doubt, it is declared that nothing in this Act— authorises, justifies or excuses killing a person; or affects the Criminal Code , section 284 or chapter 28 . Criminal Code — 284 Consent to death immaterial Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused. Chapter 28 (Homicide—suicide—concealment of birth), including— 296 Acceleration of death A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person. 311 Aiding suicide Any person who— procures another to kill himself or herself; or counsels another to kill himself or herself and thereby induces the other person to do so; or aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.

• (a) authorises, justifies or excuses killing a person; or
• (b) affects the Criminal Code , section 284 or chapter 28 . Note— Criminal Code — 284 Consent to death immaterial Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused. Chapter 28 (Homicide—suicide—concealment of birth), including— 296 Acceleration of death A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person. 311 Aiding suicide Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.
• Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.
• Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.
• A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.
• A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.
• Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.
• Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;
• (a) procures another to kill himself or herself; or
• (b) counsels another to kill himself or herself and thereby induces the other person to do so; or
• (c) aids another in killing himself or herself;
• is guilty of a crime, and is liable to imprisonment for life.
• Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.
• Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.
• Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.
• A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.
• A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.
• A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.
• Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.
• Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;
• (a) procures another to kill himself or herself; or
• (b) counsels another to kill himself or herself and thereby induces the other person to do so; or
• (c) aids another in killing himself or herself;
• is guilty of a crime, and is liable to imprisonment for life.
• Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;
• (a) procures another to kill himself or herself; or
• (b) counsels another to kill himself or herself and thereby induces the other person to do so; or
• (c) aids another in killing himself or herself;
• is guilty of a crime, and is liable to imprisonment for life.
• (a) procures another to kill himself or herself; or
• (b) counsels another to kill himself or herself and thereby induces the other person to do so; or
• (c) aids another in killing himself or herself;

sec.37A Act’s relationship with Forensic Disability Act

For a forensic disability client under the Forensic Disability Act 2011 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning. However, the Forensic Disability Act 2011 prevails in the case of inconsistency. s 37A ins 2011 No. 13 s 259 (sec.37A-ssec.1) For a forensic disability client under the Forensic Disability Act 2011 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning. (sec.37A-ssec.2) However, the Forensic Disability Act 2011 prevails in the case of inconsistency.

sec.38 Act’s relationship with Mental Health Act

For an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning. However, the Mental Health Act 2016 prevails in the case of inconsistency. s 38 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2016 No. 5 s 916 (sec.38-ssec.1) For an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning. (sec.38-ssec.2) However, the Mental Health Act 2016 prevails in the case of inconsistency.

sec.39 Common law not affected

This Act does not affect common law recognition of instructions about health care given by an adult that are not given in an advance health directive.

sec.40 Recognition of enduring health care document made in other States

If a document prescribed by regulation is made in another State and complies with the requirements for the document in the other State, then, to the extent the document’s provisions could have been validly included in an advance health directive made under this Act, the document must be treated as if it were an advance health directive made under, and in compliance with, this Act.

Making an enduring document

sec.41 Principal’s capacity to make an enduring power of attorney

A principal has capacity to make an enduring power of attorney only if the principal— is capable of making the enduring power of attorney freely and voluntarily; and understands the nature and effect of the enduring power of attorney. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. Understanding the nature and effect of the enduring power of attorney includes understanding the following matters— the principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power; when the power begins; once the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney; the principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power; the power the principal has given continues even if the principal becomes a person who has impaired capacity; at any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood these matters. For this section, schedule 3 , definition capacity does not apply. s 41 amd 2019 No. 9 s 62 (sec.41-ssec.1) A principal has capacity to make an enduring power of attorney only if the principal— is capable of making the enduring power of attorney freely and voluntarily; and understands the nature and effect of the enduring power of attorney. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. (sec.41-ssec.2) Understanding the nature and effect of the enduring power of attorney includes understanding the following matters— the principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power; when the power begins; once the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney; the principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power; the power the principal has given continues even if the principal becomes a person who has impaired capacity; at any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood these matters. (sec.41-ssec.3) For this section, schedule 3 , definition capacity does not apply.

• (a) is capable of making the enduring power of attorney freely and voluntarily; and
• (b) understands the nature and effect of the enduring power of attorney.
• (a) the principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power;
• (b) when the power begins;
• (c) once the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney;
• (d) the principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power;
• (e) the power the principal has given continues even if the principal becomes a person who has impaired capacity;
• (f) at any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power.

sec.42 Principal’s capacity to make an advance health directive

A principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal— understands the nature and effect of the advance health directive; and is capable of making the advance health directive freely and voluntarily. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. Understanding the nature and effect of the advance health directive includes understanding the following matters— the nature and likely effects of each direction in the advance health directive; a direction operates only while the principal has impaired capacity for the matter covered by the direction; the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters. A principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 in relation to the capacity of a principal to make an enduring power of attorney. For this section, schedule 3 , definition capacity does not apply. s 42 sub 2019 No. 9 s 63 (sec.42-ssec.1) A principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal— understands the nature and effect of the advance health directive; and is capable of making the advance health directive freely and voluntarily. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1. (sec.42-ssec.2) Understanding the nature and effect of the advance health directive includes understanding the following matters— the nature and likely effects of each direction in the advance health directive; a direction operates only while the principal has impaired capacity for the matter covered by the direction; the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters. (sec.42-ssec.3) A principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 in relation to the capacity of a principal to make an enduring power of attorney. (sec.42-ssec.4) For this section, schedule 3 , definition capacity does not apply.

• (a) understands the nature and effect of the advance health directive; and
• (b) is capable of making the advance health directive freely and voluntarily.
• (a) the nature and likely effects of each direction in the advance health directive;
• (b) a direction operates only while the principal has impaired capacity for the matter covered by the direction;
• (c) the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction;
• (d) at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.

sec.43 Appointment of 1 or more eligible attorneys

Only a person who is an eligible attorney may be appointed as an attorney by an enduring document. See section 29 (Meaning of eligible attorney ). A principal may appoint 1 or more of the following— a single attorney for a matter or all matters; different attorneys for different matters; a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document; alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document; successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends; joint or several, or joint and several, attorneys for a matter or all matters; 2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters. However, a principal may not appoint more than 4 joint attorneys for a matter under an enduring power of attorney. s 43 amd 2000 No. 8 s 263 sch 3 ; 2019 No. 9 s 64 (sec.43-ssec.1) Only a person who is an eligible attorney may be appointed as an attorney by an enduring document. See section 29 (Meaning of eligible attorney ). (sec.43-ssec.2) A principal may appoint 1 or more of the following— a single attorney for a matter or all matters; different attorneys for different matters; a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document; alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document; successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends; joint or several, or joint and several, attorneys for a matter or all matters; 2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters. (sec.43-ssec.3) However, a principal may not appoint more than 4 joint attorneys for a matter under an enduring power of attorney.

• (a) a single attorney for a matter or all matters;
• (b) different attorneys for different matters;
• (c) a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document;
• (d) alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document;
• (e) successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends;
• (f) joint or several, or joint and several, attorneys for a matter or all matters;
• (g) 2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters.

sec.44 Formal requirements

An enduring power of attorney must be in an approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). An advance health directive must be written and may be in the approved form. An enduring document must— be signed— by the principal; or if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 . If an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal— signed the enduring document in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary to make the enduring document. If an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document. An advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it. The doctor or nurse practitioner must not be— the person witnessing the advance health directive; or the person signing the advance health directive for the principal; or an attorney of the principal; or a relation of the principal or a relation of an attorney of the principal; or a beneficiary under the principal’s will. An enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document. In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner. s 44 amd 2021 No. 23 s 47 (sec.44-ssec.1) An enduring power of attorney must be in an approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). (sec.44-ssec.2) An advance health directive must be written and may be in the approved form. (sec.44-ssec.3) An enduring document must— be signed— by the principal; or if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 . (sec.44-ssec.4) If an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal— signed the enduring document in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary to make the enduring document. (sec.44-ssec.5) If an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document. (sec.44-ssec.6) An advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it. (sec.44-ssec.7) The doctor or nurse practitioner must not be— the person witnessing the advance health directive; or the person signing the advance health directive for the principal; or an attorney of the principal; or a relation of the principal or a relation of an attorney of the principal; or a beneficiary under the principal’s will. (sec.44-ssec.8) An enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document. (sec.44-ssec.9) In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner.

• (a) be signed— (i) by the principal; or (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (i) by the principal; or
• (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (b) be signed and dated by an eligible witness. Note— See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 .
• (i) by the principal; or
• (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (a) signed the enduring document in the witness’s presence; and
• (b) at the time, appeared to the witness to have the capacity necessary to make the enduring document.
• (a) the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and
• (b) the person signed it in the presence of the principal and witness; and
• (c) the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document.
• (a) the person witnessing the advance health directive; or
• (b) the person signing the advance health directive for the principal; or
• (c) an attorney of the principal; or
• (d) a relation of the principal or a relation of an attorney of the principal; or
• (e) a beneficiary under the principal’s will.

sec.45 Proof of enduring document

An enduring document may be proved by a copy of the enduring document certified under this section. The copy must be certified to the effect that it is a true and complete copy of the original. Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker. If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy. This section does not prevent an enduring document being proved in another way. s 45 amd 2019 No. 9 s 65 ; 2023 No. 27 s 289 sch 3 (sec.45-ssec.1) An enduring document may be proved by a copy of the enduring document certified under this section. (sec.45-ssec.2) The copy must be certified to the effect that it is a true and complete copy of the original. (sec.45-ssec.3) Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker. (sec.45-ssec.4) If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy. (sec.45-ssec.5) This section does not prevent an enduring document being proved in another way.

• (a) the principal;
• (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .
• (c) a commissioner for declarations;
• (d) a notary public;
• (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .
• (f) a trustee company under the Trustee Companies Act 1968 ;
• (g) a stockbroker.

Revoking an enduring document

Revocation by principal

sec.46 Advice of revocation

If an enduring document is revoked under this division, the principal must take reasonable steps— to advise all attorneys under the enduring document of its revocation; and for an enduring power of attorney registered under the Land Title Act 1994 —to deregister it. s 46 amd 2023 No. 27 s 289 sch 3

• (a) to advise all attorneys under the enduring document of its revocation; and
• (b) for an enduring power of attorney registered under the Land Title Act 1994 —to deregister it.

sec.47 Principal’s capacity for written revocation of power of attorney

A principal may revoke an enduring power of attorney in writing only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 (Principal’s capacity to make an enduring power of attorney). However, a principal may revoke an enduring power of attorney in writing, to the extent it gives power for a health matter, if the principal has the capacity necessary to make an enduring power of attorney giving the same power for the health matter. (sec.47-ssec.1) A principal may revoke an enduring power of attorney in writing only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 (Principal’s capacity to make an enduring power of attorney). (sec.47-ssec.2) However, a principal may revoke an enduring power of attorney in writing, to the extent it gives power for a health matter, if the principal has the capacity necessary to make an enduring power of attorney giving the same power for the health matter.

sec.48 Principal’s capacity for written revocation of advance health directive

A principal may revoke an advance health directive in writing, to the extent it includes a direction about a health matter or special health matter, only if the principal has capacity for the matter. A principal may revoke an advance health directive in writing, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an advance health directive giving the same power. (sec.48-ssec.1) A principal may revoke an advance health directive in writing, to the extent it includes a direction about a health matter or special health matter, only if the principal has capacity for the matter. (sec.48-ssec.2) A principal may revoke an advance health directive in writing, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an advance health directive giving the same power.

sec.49 Formal requirements for written revocation of enduring document

A written revocation of an enduring power of attorney must be in the approved form. However, a written revocation of an enduring power of attorney, to the extent it gives power for a health matter, or a written revocation of an advance health directive need not be in the approved form. The revocation of an enduring power of attorney must— be signed— by the principal; or if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 . If the revocation is signed by the principal, it may include a certificate signed by the witness stating the principal— signed the revocation in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary for the revocation. If the revocation is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary for the revocation. (sec.49-ssec.1) A written revocation of an enduring power of attorney must be in the approved form. (sec.49-ssec.2) However, a written revocation of an enduring power of attorney, to the extent it gives power for a health matter, or a written revocation of an advance health directive need not be in the approved form. (sec.49-ssec.3) The revocation of an enduring power of attorney must— be signed— by the principal; or if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 . (sec.49-ssec.4) If the revocation is signed by the principal, it may include a certificate signed by the witness stating the principal— signed the revocation in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary for the revocation. (sec.49-ssec.5) If the revocation is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary for the revocation.

• (a) be signed— (i) by the principal; or (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (i) by the principal; or
• (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (b) be signed and dated by an eligible witness. Note— See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 .
• (i) by the principal; or
• (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).
• (a) signed the revocation in the witness’s presence; and
• (b) at the time, appeared to the witness to have the capacity necessary for the revocation.
• (a) the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and
• (b) the person signed it in the presence of the principal and witness; and
• (c) the principal, at the time, appeared to the witness to have the capacity necessary for the revocation.

sec.50 Later enduring document

A principal’s enduring power of attorney is revoked, to the extent of an inconsistency, by a later enduring document of the principal. If a principal gives— power for a matter to an attorney by an enduring power of attorney; and either— power for the matter to a different attorney by a later enduring power of attorney; or a direction about the matter in a later advance health directive; the earlier enduring power of attorney is revoked to the extent it gives power for the matter. A principal’s advance health directive is revoked, to the extent of an inconsistency, by a later advance health directive. If there is a direction about a health matter in an advance health directive and a later enduring power of attorney giving an attorney power for the health matter, the direction prevails. See the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). s 50 amd 2000 No. 8 s 263 sch 3 (sec.50-ssec.1) A principal’s enduring power of attorney is revoked, to the extent of an inconsistency, by a later enduring document of the principal. If a principal gives— power for a matter to an attorney by an enduring power of attorney; and either— power for the matter to a different attorney by a later enduring power of attorney; or a direction about the matter in a later advance health directive; the earlier enduring power of attorney is revoked to the extent it gives power for the matter. (sec.50-ssec.2) A principal’s advance health directive is revoked, to the extent of an inconsistency, by a later advance health directive. If there is a direction about a health matter in an advance health directive and a later enduring power of attorney giving an attorney power for the health matter, the direction prevails. See the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter).

• (a) power for a matter to an attorney by an enduring power of attorney; and
• (b) either— (i) power for the matter to a different attorney by a later enduring power of attorney; or (ii) a direction about the matter in a later advance health directive;
• (i) power for the matter to a different attorney by a later enduring power of attorney; or
• (ii) a direction about the matter in a later advance health directive;
• (i) power for the matter to a different attorney by a later enduring power of attorney; or
• (ii) a direction about the matter in a later advance health directive;

sec.51 Death

When a principal dies, the enduring document is revoked.

sec.52 Marriage

Unless there is a contrary intention expressed in the enduring document, if a principal marries after making an enduring document, the enduring document is revoked to the extent it gives power to someone other than the principal’s husband or wife. s 52 amd 2002 No. 74 s 90 sch

sec.52A Civil partnership

Unless there is a contrary intention expressed in the enduring document, if a principal enters into a civil partnership after making an enduring document, the enduring document is revoked to the extent it gives power to someone other than the principal’s civil partner. s 52A ins 2011 No. 46 s 69 amd 2012 No. 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 (2) – (3) sch pts 2 – 3

sec.53 Divorce

If a principal divorces after making an enduring document, the enduring document is revoked to the extent it gives power to the divorced spouse.

sec.53A Termination of civil partnership

This section applies if— a principal makes an enduring document; and after making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 . The enduring document is revoked to the extent it gives power to the principal’s previous civil partner. s 53A ins 2011 No. 46 s 70 amd 2012 No. 12 s 59 sch pts 1 – 3 ; 2015 No. 33 s 52 sch pts 1 – 3 (sec.53A-ssec.1) This section applies if— a principal makes an enduring document; and after making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 . (sec.53A-ssec.2) The enduring document is revoked to the extent it gives power to the principal’s previous civil partner.

• (a) a principal makes an enduring document; and
• (b) after making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 .

Revocation according to terms

sec.54 According to terms

An enduring document is revoked according to its terms. If an enduring power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period. If an enduring power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.

• 1 If an enduring power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.
• 2 If an enduring power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.

Revocation by attorney

sec.55 Resignation

If an attorney resigns as attorney for a matter, the enduring document is revoked to the extent it gives power to the attorney for the matter. An attorney may resign by signed notice to the principal if the principal has capacity for the matter ( section 72 (Resignation of attorney)) or otherwise with the court’s leave ( section 82 (Resignation of attorney while principal has impaired capacity)).

sec.56 Impaired capacity

If an attorney for a matter becomes a person who has impaired capacity for the matter, the enduring document is revoked to the extent it gives power to the attorney for the matter.

sec.57 Bankruptcy or insolvency

This section applies only to enduring powers of attorney. If an individual attorney for a financial matter becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power for financial matters to the attorney. If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. Under an enduring power of attorney, X, an individual, exercises power for financial matters generally. X becomes bankrupt. Therefore, the enduring power of attorney is revoked to the extent it gives power for financial matters to X. If X was a joint and several attorney with Y, the enduring power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the enduring power of attorney gives an alternative or successive attorney power for financial matters, the alternative or next attorney then has power for financial matters. If none of these apply, no-one is able to exercise power for financial matters under the enduring power of attorney. Section 59A (Effect of power ending) allows the remaining joint attorney to exercise a power another joint attorney is unable to exercise. s 57 amd 2005 No. 70 s 166 sch (sec.57-ssec.1) This section applies only to enduring powers of attorney. (sec.57-ssec.2) If an individual attorney for a financial matter becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power for financial matters to the attorney. (sec.57-ssec.3) If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. Under an enduring power of attorney, X, an individual, exercises power for financial matters generally. X becomes bankrupt. Therefore, the enduring power of attorney is revoked to the extent it gives power for financial matters to X. If X was a joint and several attorney with Y, the enduring power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the enduring power of attorney gives an alternative or successive attorney power for financial matters, the alternative or next attorney then has power for financial matters. If none of these apply, no-one is able to exercise power for financial matters under the enduring power of attorney. Section 59A (Effect of power ending) allows the remaining joint attorney to exercise a power another joint attorney is unable to exercise.

sec.58 Death

When an attorney dies, the enduring document is revoked to the extent it gives power to the attorney.

sec.59 Paid carer or health provider

If an attorney becomes a paid carer, or health provider, for the principal, the enduring document is revoked to the extent it gives power for a personal matter to the attorney.

sec.59AA Service provider

If the attorney becomes the service provider for a residential service where the principal is a resident, the enduring document is revoked to the extent it gives power to the attorney. s 59AA ins 2004 No. 43 s 92

sec.59A Effect of power ending

If an attorney’s power for a matter ends and the attorney was a joint attorney for the matter— if, of the joint attorneys, there is 1 remaining attorney, the remaining attorney may exercise power for the matter; and if, of the joint attorneys, there are 2 or more remaining attorneys, the remaining attorneys may exercise power for the matter and, if exercising power, must exercise power jointly. s 59A ins 2000 No. 8 s 263 sch 3 amd 2002 No. 34 s 40

• (a) if, of the joint attorneys, there is 1 remaining attorney, the remaining attorney may exercise power for the matter; and
• (b) if, of the joint attorneys, there are 2 or more remaining attorneys, the remaining attorneys may exercise power for the matter and, if exercising power, must exercise power jointly.

Other provisions

sec.60 Registration of powers of attorney and instruments revoking powers

An enduring power of attorney may be registered. An instrument revoking an enduring power of attorney may be registered. Subject to another Act, if an enduring power of attorney has been registered, it may not, unless a different intention appears from the enduring power of attorney, cease to authorise the attorney to deal with land for the principal until an instrument revoking the enduring power of attorney has been registered. s 60 amd 2023 No. 27 s 289 sch 3 (sec.60-ssec.1) An enduring power of attorney may be registered. (sec.60-ssec.2) An instrument revoking an enduring power of attorney may be registered. (sec.60-ssec.3) Subject to another Act, if an enduring power of attorney has been registered, it may not, unless a different intention appears from the enduring power of attorney, cease to authorise the attorney to deal with land for the principal until an instrument revoking the enduring power of attorney has been registered.

sec.61 Offence to dishonestly induce the making or revocation of enduring document

A person must not dishonestly induce a person to make or revoke an enduring document. Maximum penalty—200 penalty units.

sec.61A Application of ss 61B – 61D

Sections 61B to 61D apply only in relation to an enduring power of attorney. s 61A ins 2019 No. 9 s 66

sec.61B Effect on beneficiary’s interest if property dealt with by attorney

This section applies to a person who is a beneficiary ( the beneficiary ) under a deceased principal’s will. The beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an attorney under an enduring power of attorney as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened. The beneficiary is also entitled to— any money or other property that is able to be traced as income generated by the proceeds; and any capital gain that is generated from the proceeds. This section applies even if the beneficiary is the attorney who sold, mortgaged, charged, disposed of or otherwise dealt with the property. This section applies subject to any order made by the court under section 61D (1) . s 61B ins 2019 No. 9 s 66 (sec.61B-ssec.1) This section applies to a person who is a beneficiary ( the beneficiary ) under a deceased principal’s will. (sec.61B-ssec.2) The beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an attorney under an enduring power of attorney as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened. (sec.61B-ssec.3) The beneficiary is also entitled to— any money or other property that is able to be traced as income generated by the proceeds; and any capital gain that is generated from the proceeds. (sec.61B-ssec.4) This section applies even if the beneficiary is the attorney who sold, mortgaged, charged, disposed of or otherwise dealt with the property. (sec.61B-ssec.5) This section applies subject to any order made by the court under section 61D (1) .

• (a) any money or other property that is able to be traced as income generated by the proceeds; and
• (b) any capital gain that is generated from the proceeds.

sec.61C Attorney not required to keep proceeds and property separate

Section 61B does not require an attorney for a principal who has sold, mortgaged, charged, disposed of, or otherwise dealt with, the principal’s property under the powers given to the attorney, to keep any surplus money or other property arising from the sale, mortgage, charge, disposition or other dealing separate from other property of the principal. s 61C ins 2019 No. 9 s 66

sec.61D Application to court to confirm or vary operation of s 61B

An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B . An application may be made by— a beneficiary under the principal’s will; or the personal representative of a deceased beneficiary under the principal’s will; or the personal representative of the principal. An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and applies despite any contrary operation of section 61B . An application under this section must be made to the court within 6 months after the principal’s death. The court may extend the application time. The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. Despite section 109A , a reference in this section to the court does not include a reference to the tribunal. s 61D ins 2019 No. 9 s 66 (sec.61D-ssec.1) An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B . (sec.61D-ssec.2) An application may be made by— a beneficiary under the principal’s will; or the personal representative of a deceased beneficiary under the principal’s will; or the personal representative of the principal. (sec.61D-ssec.3) An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and applies despite any contrary operation of section 61B . (sec.61D-ssec.4) An application under this section must be made to the court within 6 months after the principal’s death. (sec.61D-ssec.5) The court may extend the application time. (sec.61D-ssec.6) The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. (sec.61D-ssec.7) Despite section 109A , a reference in this section to the court does not include a reference to the tribunal.

• (a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or
• (b) an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B .
• (a) a beneficiary under the principal’s will; or
• (b) the personal representative of a deceased beneficiary under the principal’s will; or
• (c) the personal representative of the principal.
• (a) has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and
• (b) applies despite any contrary operation of section 61B .

Provisions applying to attorneys

sec.65 Application of pt 1

Except where otherwise provided, this part applies to an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement. s 65 amd 2023 No. 27 s 289 sch 3

• (a) a general power of attorney made under this Act; or
• (b) an enduring document; or
• (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.

sec.66 Act honestly and with reasonable diligence

An attorney must exercise power honestly and with reasonable diligence to protect the principal’s interests. Maximum penalty—200 penalty units. In addition to any other liability the attorney may incur, the court may order the attorney to compensate the principal for a loss caused by the attorney’s failure to comply with subsection (1) . (sec.66-ssec.1) An attorney must exercise power honestly and with reasonable diligence to protect the principal’s interests. Maximum penalty—200 penalty units. (sec.66-ssec.2) In addition to any other liability the attorney may incur, the court may order the attorney to compensate the principal for a loss caused by the attorney’s failure to comply with subsection (1) .

sec.67 Subject to terms of document

An attorney who may exercise a power under a document must, when exercising the power, exercise it subject to the terms of the document.

Section sec.68

s 68 om 2000 No. 8 s 263 sch 3

sec.69 Execution of instrument etc.

If necessary or convenient for the exercise of power given to an attorney, the attorney may— execute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and do any other thing in the attorney’s own name. An instrument executed by an attorney must be executed in a way showing that the attorney executes it as attorney for the principal. An instrument executed, or thing done, in the way specified in this section is as effective as if executed or done by the principal— with the principal’s signature; or with the principal’s signature and seal; or in the principal’s name. This section applies subject to the Property Law Act 2023 , section 52 . This section deals with the execution of documents by corporations. s 69 amd 2021 No. 23 s 58 sch 1 ; 2023 No. 27 s 289 sch 3 (sec.69-ssec.1) If necessary or convenient for the exercise of power given to an attorney, the attorney may— execute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and do any other thing in the attorney’s own name. (sec.69-ssec.2) An instrument executed by an attorney must be executed in a way showing that the attorney executes it as attorney for the principal. (sec.69-ssec.3) An instrument executed, or thing done, in the way specified in this section is as effective as if executed or done by the principal— with the principal’s signature; or with the principal’s signature and seal; or in the principal’s name. (sec.69-ssec.4) This section applies subject to the Property Law Act 2023 , section 52 . This section deals with the execution of documents by corporations.

• (a) execute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and
• (b) do any other thing in the attorney’s own name.
• (a) with the principal’s signature; or
• (b) with the principal’s signature and seal; or
• (c) in the principal’s name.

sec.70 Subject to guardian or administrator

If a person is appointed under the Guardianship and Administration Act 2000 as guardian or administrator for a principal, an attorney for the principal may exercise power only to the extent authorised by the tribunal. In this section— attorney includes a statutory health attorney. s 70 amd 2000 No. 8 s 263 sch 3 (sec.70-ssec.1) If a person is appointed under the Guardianship and Administration Act 2000 as guardian or administrator for a principal, an attorney for the principal may exercise power only to the extent authorised by the tribunal. (sec.70-ssec.2) In this section— attorney includes a statutory health attorney.

sec.71 Not exercise revoked power

An attorney, who knows a power given to the attorney has been revoked, must not exercise, or purport to exercise, the power. Maximum penalty—200 penalty units.

sec.72 Resignation of attorney

An attorney may resign as attorney for a matter by signed notice given to the principal. However, for an enduring document, see also section 82 (Resignation of attorney while principal has impaired capacity). This section does not affect another way an attorney may resign allowed by law. For example, an attorney under a power of attorney made under the common law may resign orally. s 72 amd 2023 No. 27 s 289 sch 3 (sec.72-ssec.1) An attorney may resign as attorney for a matter by signed notice given to the principal. However, for an enduring document, see also section 82 (Resignation of attorney while principal has impaired capacity). (sec.72-ssec.2) This section does not affect another way an attorney may resign allowed by law. For example, an attorney under a power of attorney made under the common law may resign orally.