New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003

- As at 1 December 2018 
- Act 53 of 2003 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      When is a person incommunicate?
   5.      Vacancy in office of attorney
   6.      Application of Act
   7.      Application of general law to powers of attorney

   PART 2 - PRESCRIBED POWERS OF ATTORNEY

   8.      Creation of prescribed power of attorney
   9.      Powers conferred by prescribed power of attorney
   10.     Prescribed power of attorney does not confer authority to act as trustee
   11.     Prescribed power of attorney does not generally confer authority to give gifts
   12.     Prescribed power of attorney does not generally confer authority to confer benefits on attorneys
   13.     Prescribed power of attorney does not generally confer authority to confer benefits on third parties
   14.     Regulations may amend Schedule 3
   14A.    Effect of amendment of prescribed form or Schedule 3

   PART 3 - IRREVOCABLE POWERS OF ATTORNEY

   15.     Irrevocable powers of attorney
   16.     Effect of irrevocable powers of attorney

   PART 4 - INCAPACITY AND ENDURING POWERS OF ATTORNEY

           Division 1 - Initial and supervening mental incapacity

   17.     Initial mental incapacity
   18.     Supervening mental incapacity does not affect validity of acts principal understands

           Division 2 - Enduring powers of attorney

   19.     Creation of enduring power of attorney
   20.     Enduring power of attorney does not confer authority until attorney accepts appointment
   21.     Effect of enduring power of attorney
   22.     Effect of ademptions of testamentary gifts by attorney under enduring power of attorney
   23.     Supreme Court may make orders confirming or varying operation of section 22
   24.     (Repealed)
   25.     Recognition of enduring powers of attorney made in other States and Territories

   PART 5 - REVIEW OF POWERS OF ATTORNEY

           Division 1 - General

   26.     Review tribunals
   27.     Concurrent jurisdiction of review tribunals

           Division 2 - Termination of irrevocable powers of attorney

   28.     Supreme Court may order the termination of irrevocable power of attorney

           Division 3 - Confirmation of powers conferred when principal mentally incapacitated

   29.     Supreme Court may make orders confirming powers understood by principal
   30.     Supreme Court may make orders confirming powers subsequently affirmed by principal
   31.     Supreme Court may make orders confirming powers in best interests of principal
   32.     Effect of orders made by Supreme Court under this Division

           Division 4 - Review of enduring powers of attorney and other powers

   33.     Reviewable powers of attorney
   34.     Referral of application to different review tribunal
   35.     Who are interested persons and parties in relation to applications
   36.     Interested persons may apply for review
   37.     Review tribunal may treat certain applications for review of power of attorney as application for management order
   38.     Advice or directions concerning reviewable powers of attorney
           Divisions 5 - (Repealed)
           None

           Division 7 - Procedure in relation to incommunicate principals

   42.     Procedure where principal incommunicate

   PART 6 - POWERS OF ATTORNEY GENERALLY

           Division 1 - General provisions

   43.     Attorney may execute instruments and do other things in own name
   44.     Proof of powers of attorney
   45.     Delegation of power of attorney
   45A.    Appointment of substitute attorneys

           Division 2 - Termination and suspension of powers of attorney

   46.     Effect of vacation of office of joint and several attorneys
   47.     Attorney entitled to rely on power of attorney if unaware of termination or suspension of power
   48.     Certain third parties entitled to rely on acts done under terminated or suspended powers of attorney
   49.     Attorney acting with knowledge of termination or suspension of power
   50.     Effect of management of estate

           Division 3 - Registration of powers of attorney

   51.     Powers of attorney may be registered
   52.     Powers of attorney to be registered for dealings affecting land

   PART 7 - MISCELLANEOUS

   53.     Regulations
   54.     Nature of proceedings for offences
   55.     (Repealed)
   56.     Savings, transitional and other provisions
   57.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5