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Powers of Attorney Act 2006
43Obligation of attorneys to keep interested people
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43 Obligation of attorneys to keep interested people
informed
(1) This section applies if any of the following events happen:
(a) a person (the relevant person) resigns the person’s appointment
as attorney under a power of attorney;
(b) the appointment of a person (the relevant person) as an attorney
under a power of attorney is revoked;
(c) a court or the ACAT makes an order in relation to a power of
attorney that affects the appointment of a person (the relevant
person) under the power of attorney.
(2) The relevant person must give notice of the event to—
(a) any other attorney or person authorised under the power of
attorney to exercise the relevant person’s powers as attorney;
and
(b) if the event is the making of a court order or ACAT order in
relation to the power of attorney that affects the relevant
person’s authorisation under the power of attorney—each
person dealing with the relevant person as an attorney.
Note 1 An attorney under a general power of attorney may authorise someone to
exercise the attorney’s powers (see s 33).
Note 2 For how documents may be given, see the Legislation Act, pt 19.5.
(3) However, the relevant person need not give notice under
subsection (2) to a person (the informed person) about an event if the
relevant person believes, on reasonable grounds, that the informed
person already knows about the event.
Division 4.4.2 Obligations of attorneys under enduring power of attorney—principal with
Division 4.4.2 Obligations of attorneys under
enduring power of attorney—principal
with impaired decision-making