New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 31

31 Supreme Court may make orders confirming powers in best interests of principal

(cf 1919 No 6, s 163E (5) and (7))

(1) The Supreme Court may, on the application of a principal under a power of attorney (whether or not an enduring power of attorney), confirm (whether in whole or in part) any power to do an act under the power of attorney if it appears to the Court that:

(a) the principal is incapable of affirming the power because:

(i) the principal lacks capacity by reason of the continuation of mental incapacity that affected the principal when the principal gave the power, or

(ii) the principal is incommunicate, and

(b) it is for the benefit of the principal that the power be confirmed in whole or in part.

(2) Subsection (1):

(a) applies only if and to the extent that a contrary intention is not expressed in the instrument creating the power of attorney, and

(b) has effect subject to the terms of the instrument creating the power of attorney.