46Effect of vacation of office of joint and several attorneys

46 Effect of vacation of office of joint and several attorneys

46 Effect of vacation of office of joint and several attorneys

(1) If a power of attorney appoints 2 or more persons as joint attorneys, the power of attorney is terminated if the office of one or more of the attorneys becomes vacant.

(1A) However, such a power of attorney is not terminated if—

(a) the power of attorney provides otherwise, and

(b) at least one of the attorneys or a substitute attorney remains in office.

(2) If a power of attorney appoints 2 or more persons as attorneys either severally or jointly and severally, a vacancy in the office of one or more attorneys does not operate to terminate the power of attorney in relation to the other attorneys.

s 46: Am 2013 No 23, Sch 1 [16].