New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 25

25 Recognition of enduring powers of attorney made in other States and Territories

(1) An interstate enduring power of attorney has effect in this State as if it were an enduring power of attorney made under, and in compliance with, this Act, but only to the extent that the powers it gives under the law of the State or Territory in which it was made could validly have been given by an enduring power of attorney made under this Act.

(2) In particular, an interstate enduring power of attorney to which subsection (1) applies:

(a) has effect in this State subject to any limitations on the power that apply to it under the law of the State or Territory in which it was made, and

(b) does not operate to confer any power on an attorney in this State that cannot be conferred on an attorney under an enduring power of attorney made in this State.

(3) Subsection (1) does not apply to any power of attorney (or class of powers of attorney) prescribed by the regulations.

(4) A document signed by an Australian legal practitioner that certifies that an interstate enduring power of attorney was made in accordance with the formal requirements of the law of the State or Territory in which it was made is admissible in any proceedings concerning that power and is prima facie evidence of the matter so certified.

(5) In this section:

"interstate enduring power of attorney" means a power of attorney made in another State or a Territory that, under the law of that State or Territory, has effect in that State or Territory as a valid power of attorney even if the principal loses capacity through mental incapacity after the execution of the instrument creating the power of attorney.