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Powers of Attorney Act 2006
70Definitions—ch 6
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70 Definitions—ch 6
In this chapter:
invalidity, of a power of attorney—
(a) means invalidity because—
(i) the power of attorney purports to have been made under the
law of a State or Territory and does not comply with the
requirements of that law; or
(ii) the person making the power of attorney could not make
the power of attorney at the time the person purported to
make it; or
(iii) the power of attorney has been revoked, either completely
or in relation to the person purporting to exercise power
under the power of attorney; and
(b) includes invalidity of the power of attorney for any other reason.
Example—par (a) (ii)
A person purports to make a power of attorney but a guardian has been appointed
for the person and the ACAT has not approved the provisions of the power (see
s 14 (4)).
invalidity, of a power under a power of attorney—
(a) means invalidity because the power is not exercisable at the time
it is purportedly exercised; and
(b) includes invalidity of the power for any other reason.
Protection and relief from liability Chapter 6
know, of the invalidity of a power of attorney or a power under a
power of attorney, includes—
(a) know of the happening of an event that invalidates the power of
attorney or power; or
(b) have reason to believe the power of attorney or power is invalid.
power of attorney includes a document purporting to be a power of