sec.99Protection for person dealing with attorney and next person if unaware of invalidity

### sec.99 Protection for person dealing with attorney and next person if unaware of invalidity A person who— deals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and does not know, or have reason to believe, the principal did not have capacity to make the document; is entitled to rely on the certificate of the witness to the document as evidence of the principal’s capacity to make the document. A transaction between— an attorney purporting to use a power that is invalid; and someone else (the third person ) who does not know of the invalidity; is, in favour of the third person, as valid as if the power were not invalid. If the interest of a purchaser depends on whether a transaction between an attorney and a third person was valid because of subsection (2) , it is conclusively presumed in favour of the purchaser that the third person did not at the material time know of the invalidity of the attorney’s power if— the third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or the transaction between the attorney and the third person was completed within 1 year after the power of attorney was made. In subsections (2) and (3) — attorney means 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 99 amd 2023 No. 27 s 289 sch 3 (sec.99-ssec.1) A person who— deals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and does not know, or have reason to believe, the principal did not have capacity to make the document; is entitled to rely on the certificate of the witness to the document as evidence of the principal’s capacity to make the document. (sec.99-ssec.2) A transaction between— an attorney purporting to use a power that is invalid; and someone else (the third person ) who does not know of the invalidity; is, in favour of the third person, as valid as if the power were not invalid. (sec.99-ssec.3) If the interest of a purchaser depends on whether a transaction between an attorney and a third person was valid because of subsection (2) , it is conclusively presumed in favour of the purchaser that the third person did not at the material time know of the invalidity of the attorney’s power if— the third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or the transaction between the attorney and the third person was completed within 1 year after the power of attorney was made. (sec.99-ssec.4) In subsections (2) and (3) — attorney means 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. - (a) deals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and - (b) does not know, or have reason to believe, the principal did not have capacity to make the document; - (a) an attorney purporting to use a power that is invalid; and - (b) someone else (the third person ) who does not know of the invalidity; - (a) the third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or - (b) the transaction between the attorney and the third person was completed within 1 year after the power of attorney was made. - (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.