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Powers of Attorney Act 2006
17Understanding nature and effect of making powers of
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17 Understanding nature and effect of making powers of
Understanding the nature and effect of making a power of attorney
includes understanding each of the following:
(a) that the principal may, in the power of attorney, state or limit the
power to be given to an attorney;
(b) that the principal may, in the power of attorney, instruct the
attorney about the exercise of the power;
(c) when the power under the power of attorney can be exercised;
(d) that, if the power under a power of attorney can be exercised for
a matter, the attorney has the power to make decisions in relation
to, and will have full control over, the matter subject to terms or
information about exercising the power that are included in the
power of attorney;
(e) that the principal may revoke the power of attorney at any time
the principal is capable of making the power of attorney;
(f) for enduring powers of attorney only—
(i) that the power given by the principal continues even if the
principal becomes a person with impaired decision-making
capacity; and
(ii) that, at any time the principal is not capable of revoking the
power of attorney, the principal cannot effectively oversee
the use of the power.
Note A person has decision-making capacity if the person can make decisions
in relation to the person’s affairs and understands the nature and effect of
the decisions (see s 9 (1)).
What the principal needs to do Part 3.1