New South Wales Consolidated Acts
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RETIREMENT VILLAGES ACT 1999 - SECT 64
Operator not to demand power of attorney
64 Operator not to demand power of attorney
(1) The operator of a retirement village must not require a resident or
prospective resident of the village to give the operator a power of attorney
in favour of the operator, a close associate of the operator or a person
nominated by the operator.
: Maximum penalty--100 penalty units.
power of attorney given in favour of an operator of a retirement village (or a
close associate of the operator or a person nominated by the operator) by a
resident or prospective resident of the village--
(a) if given before the
commencement of this section--terminates on that commencement, and
given on or after the commencement of this section--is void.
(2) does not apply if the resident or prospective resident who gave the power
of attorney is a relative of the operator.
(4) This section has effect
despite the provisions of the Powers of Attorney Act 2003 and despite the
terms of any instrument creating a power of attorney.
Note : Part 3 of the
Powers of Attorney Act 2003 deals with irrevocable powers of attorney.
Division 2 of Part 4 of that Act deals with enduring powers of attorney that
are given with the intention that they will continue to be effective even if
the person who gave the power loses capacity through mental incapacity.
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