New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SECT 46

46 Effect of vacation of office of joint and several attorneys

(1) If a power of attorney appoints 2 or more persons as joint attorneys, the power of attorney is terminated if the office of one or more of the attorneys becomes vacant.

(1A) However, such a power of attorney is not terminated if:

(a) the power of attorney provides otherwise, and

(b) at least one of the attorneys or a substitute attorney remains in office.

(2) If a power of attorney appoints 2 or more persons as attorneys either severally or jointly and severally, a vacancy in the office of one or more attorneys does not operate to terminate the power of attorney in relation to the other attorneys.