New South Wales Consolidated Acts

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POWERS OF ATTORNEY ACT 2003 - SECT 17

Initial mental incapacity

17 Initial mental incapacity

(cf 1919 No 6, s 163E (1) and (2))

(1) Subject to this Act, a power of attorney is not ineffective only because any act within the scope of the power is of such a nature that it was beyond the understanding of the principal through mental incapacity at the time the power is given.
(2) However, a power of attorney does not authorise an attorney to do any such act unless it is authorised by or under this Act.
Note : Division 3 of Part 5 contains provisions that enable the Supreme Court to confirm the operation of a power of attorney despite the mental incapacity of the principal at the time the power is given.



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