32AERevocation of enduring powers of attorney

32AE Revocation of enduring powers of attorney

[Section 32AE Inserted by No. 39 of 2013, s. 15, Applied:01 Feb 2014]

(1)  An enduring power of attorney, whether registered or unregistered, is revoked if notice of revocation by the donor is given to the attorney.

(2)  An enduring power of attorney, whether registered or unregistered, is revoked if the donor dies or becomes bankrupt or insolvent.

(3)  An enduring power of attorney, created by a donor, that gives a power to another person who is –

(a) a spouse of the donor; or

(b) a party to a personal relationship, within the meaning of the Relationships Act 2003 , with the donor, which relationship is registered under that Act –

is revoked if paragraph (a) or (b) ceases to apply to the other person.

(4)  If an enduring power of attorney is revoked by virtue of subsection (3) , the donor is, as soon as practicable, to notify the attorney in respect of the power.

(5)  An enduring power of attorney is revoked if the attorney –

(a) is the only attorney specified in the power of attorney or is appointed under the power of attorney to act jointly (but not jointly or severally) with another attorney; and

(b) dies, becomes subject to mental incapacity or becomes bankrupt or insolvent.

(6)  If –

(a) an enduring power of attorney is not registered under this Act; and

(b) either –

(i) the attorney cannot be found, despite reasonable steps being taken by the donor to do so; or

(ii) it is impracticable to give to the attorney notice of the revocation, by the donor, of the power –

the power of attorney may be revoked by lodging with the Recorder notice of the revocation by the donor together with a copy of the power of attorney.