New South Wales Consolidated Acts

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POWERS OF ATTORNEY ACT 2003 - SECT 4

When is a person incommunicate?

4 When is a person incommunicate?

(cf 1919 No 6, s 163D)

(1) For the purposes of this Act, a person is
"incommunicate" if:
(a) the person suffers from any physical or mental incapacity (whether of a temporary or permanent nature) that makes the person unable:
(i) to understand communications respecting the person's property or affairs, or
(ii) to express the person's intentions respecting the person's property or affairs, or
(b) the person is unable to receive communications respecting the person's property or affairs because the person cannot be located or contacted.
(2) Without limiting subsection (1) (a), a person may be incommunicate even if the incapacity concerned is induced by any drug or by medical or other treatment.



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