38CManager not to demand power of attorney

38C Manager not to demand power of attorney (1) The manager of a retirement village must not— (a) require a resident of the retirement village to give the manager a power of attorney in favour of the manager; or (b) accept a power of attorney given in favour of the manager by a resident of the retirement village. (2) The manager of a retirement village must not require a resident of the retirement village to give a power of attorney in favour of— (a) a close associate of the manager; or (b) a person nominated by the manager. 1. 60 penalty units (3) A person who— (a) is a close associate of the manager of a retirement village; or (b) is nominated by a manager of a retirement village to accept a power of attorney from a resident of the village— must not accept a power of attorney given in favour of that person by a resident of the retirement village. (4) A power of attorney given in favour of a manager of a retirement village (or a close associate of the manager or a person nominated by the manager) by a resident of the retirement village is void. (5) Subsections (1)(b), (3) and (4) do not apply if the resident who gives the power of attorney is a relative of the manager, close associate or nominated person (as the case requires). (6) This section does not apply to any power of attorney that is of a prescribed class of powers of attorney. (7) This section has effect despite any term of the power of attorney. S. 38D inserted by No. 4/2005 s. 16.