17Initial mental incapacity

#### 17 Initial mental incapacity 17 Initial mental incapacity (cf 1919 No 6, s 163E (1) and (2)) > > (1) Subject to this Act, a power of attorney is not ineffective only because any act within the scope of the power is of such a nature that it was beyond the understanding of the principal through mental incapacity at the time the power is given. > > > (2) However, a power of attorney does not authorise an attorney to do any such act unless it is authorised by or under this Act. > > Note. > > Division 3 of Part 5 contains provisions that enable the Supreme Court to confirm the operation of a power of attorney despite the mental incapacity of the principal at the time the power is given.