26Appointment of attorney by class

26 Appointment of attorney by class

(1)  A power of attorney is taken to be valid notwithstanding that the attorney is expressed to be appointed as a member of a specified class of persons.

(2)  [Section 26 Subsection (2) substituted by No. 14 of 2008, s. 11, Applied:13 Jun 2008] If a person does any act, or executes or signs a document, and purports to do so as a member of a class of persons appointed as attorneys under a power of attorney –

(a) any other person dealing with the purported attorney may assume the purported attorney has sufficient authority to do the act, or sign or execute the document, as such an attorney; and

(b) the doing of the act, or the signature on or execution of the document, is taken to be evidence that the purported attorney has sufficient authority to do the act, or sign or execute the document, as such an attorney.

(3)  [Section 26 Subsection (3) inserted by No. 14 of 2008, s. 11, Applied:13 Jun 2008] This section does not apply to an enduring power of attorney.