New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 64

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.

(2) Any 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

(b) if given on or after the commencement of this section--is void.

(3) Subsection (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.