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Powers of Attorney Act 2006
87Medical certificate about impaired decision-making
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87 Medical certificate about impaired decision-making
(1) This section applies if, in a proceeding, a question arises about
whether, on a particular day or during a particular period, the
principal for an enduring power of attorney had impaired
decision-making capacity, whether generally or in relation to a
particular matter.
(2) A certificate by a doctor stating that the principal had, or did not have,
impaired decision-making capacity either generally or in relation to a
particular matter on the day or during the period is evidence of that
fact.
Chapter 8 Interstate documents equivalent to powers of attorney
Chapter 8 Interstate documents
equivalent to powers of
88 Recognition of general powers of attorney made under
other laws
(a) a document (the interstate general power of attorney) is
expressed to be a power of attorney made under the law of a
State or another Territory; and
(b) the interstate general power of attorney is not expressed to
operate when the principal has impaired decision-making
capacity (however described).
(2) The interstate general power of attorney is taken to be a general power
of attorney made under, and in compliance with, this Act to the extent
that the powers it gives could validly have been given by a general
power of attorney made under this Act.