32Enduring power of attorney—principal’s impaired

32 Enduring power of attorney—principal’s impaired decision-making capacity (1) An enduring power of attorney giving power in relation to a matter is not revoked by the principal becoming a person with impaired decision-making capacity, either generally or in relation to the matter. (2) Also, a power under an enduring power of attorney can be exercised— (a) while the principal has impaired decision-making capacity; and (b) whether or not a condition about when the power is to start to operate is satisfied. Example An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006. Note A medical certificate can be evidence that the principal had, or did not have, impaired decision-making capacity (see s 87).

Part 4.3 Things attorneys can and cannot do Division 4.3.1 Things attorneys can and cannot do generally 33 Others acting for attorney (1) An attorney under a general power of attorney may authorise someone else to exercise 1 or more of the attorney’s powers, whether or not there is express power for the authorisation. Examples of authorisations 1 substitute decision-maker 2 delegate 3 sub-attorney (2) An enduring power of attorney does not authorise an attorney to authorise anyone else to exercise the powers of the attorney while the (3) However, if an enduring power of attorney expressly authorises an attorney to authorise someone else to exercise 1 or more of the attorney’s powers, the attorney may, in accordance with the express authorisation, authorise someone else to exercise the attorney’s powers if— (a) the person could be appointed as an attorney under an enduring power of attorney; and (b) the person authorised is known to the principal, or was known to the principal when the principal had decision-making capacity. (4) To remove any doubt, a person authorised under this section to exercise an attorney’s powers is taken to be the attorney for this Act.

Things attorneys can and cannot do generally Division 4.3.1