70Definitions—ch 6

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could not make the power of attorney at the time the person purported to make it; or (iii) the power of attorney has been revoked, either completely or in relation to the person purporting to exercise power under the power of attorney; and (b) includes invalidity of the power of attorney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