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Powers of Attorney Act 2006
28Effect of joint attorney not accepting enduring power of
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28 Effect of joint attorney not accepting enduring power of
(a) an enduring power of attorney authorises 3 or more attorneys to
exercise a power together but not separately; and
(b) the power of attorney does not require a stated number of
attorneys to accept the power of attorney before the attorneys
may exercise the power; and
(c) not all, but at least 2, of the attorneys have accepted the power
of attorney.
Authorisation of 2 or more attorneys Part 3.3
(2) The attorneys who have accepted the power under the enduring power
of attorney may exercise the power.
Example
Alex authorises Beryl, Claude and David to act together as attorneys under an
enduring power of attorney. Beryl and David accept the power of attorney, Claude
does not. Beryl and David may exercise a power under the power of attorney
together. Claude accepts the enduring power of attorney later. After Claude
accepts, Beryl and David cannot exercise the power without Claude.
(3) However, if the enduring power of attorney requires a stated number
of attorneys to exercise a power together, the power must not be
exercised unless that number of attorneys accepts the power of
Part 4.1 Operation of powers of attorney generally
Chapter 4 Operation of powers of
Part 4.1 Operation of powers of attorney
generally
29 Powers of attorney are deeds
(1) A power of attorney that complies with this Act is, for all purposes,
taken to be a deed, even though it is not expressed to be a deed or to
be sealed.
Note A deed may be registered (see Registration of Deeds Act 1957) and must
be registered for a dealing with land by the attorney to be registered (see
Land Titles Act 1925, s 130).
power of attorney includes—
(a) an amendment of a power of attorney; and
(b) a revocation of a power of attorney.