32AFEffect of power of attorney when inconsistent with subsequent enduring power of attorney

32AF Effect of power of attorney when inconsistent with subsequent enduring power of attorney

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

(1)  Subject to sections 24 and 25 , an enduring power of attorney that is made by a donor and is registered is of no effect to the extent that it is inconsistent with a power of attorney, or an enduring power of attorney, subsequently made by the donor and registered.

(2)  Subject to sections 24 and 25 , if an enduring power of attorney (the first power) that is unregistered is made by a donor and subsequently another enduring power of attorney (the second power) that is inconsistent with the first power is made by the same donor and has not been revoked, the first power may not be registered.

(3)  If a donor makes a power of attorney, or an enduring power of attorney, (the first-made power) and subsequently makes another power of attorney or enduring power of attorney, (the subsequent power) the donor is to notify of the making of the subsequent power the attorney in respect of the first-made power.