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Powers of Attorney Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 3
4 Meaning of decision making capacity 10
5 Assessing decision making capacity 12
PART 2--NON-ENDURING POWERS OF ATTORNEY 13
Division 1--Definitions 13
6 Definitions 13
Division 2--Scope and making of general non-enduring powers of
attorney 13
7 General non-enduring power of attorney 13
8 Appointment of more than one attorney 14
9 Appointment of alternative attorneys 14
10 When attorney's power is exercisable 14
Division 3--Execution of non-enduring power of attorney and
execution of other documents under non-enduring power of
attorney 15
11 How should a non-enduring power of attorney be executed? 15
12 Power of an attorney to execute instruments 15
Division 4--Protection from liability 16
13 Interpretation 16
14 Protection for an attorney who does not know of revocation
or invalidity 16
15 Protection for a third person who does not know of revocation
or invalidity when dealing with attorney 17
Division 5--Proof of non-enduring power of attorney 17
16 Proof of non-enduring power of attorney 17
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Division 6--Powers of attorney for security 18
17 Definition 18
18 Operation of powers of attorney for security 19
19 Revocation of powers of attorney for security 19
20 Protection for a person who does not know of revocation of a
power of attorney for security 20
PART 3--ENDURING POWERS OF ATTORNEY--SCOPE,
MAKING AND RELATED ISSUES 21
Division 1--Principles 21
21 Principles to be applied by persons acting under this Act or
an enduring power of attorney 21
Division 2--Scope of power 22
22 Enduring power of attorney 22
23 Who may make an enduring power of attorney? 23
24 Conditions and instructions in an enduring power of attorney 24
25 Attorney not able to delegate power 24
26 Matters for which power cannot be given under an enduring
power of attorney 24
27 Power of an attorney to execute instruments 25
Division 3--Appointment of attorney 25
28 Who is eligible to be appointed as an attorney? 25
29 Attorney may be occupant of position 26
30 Appointment of more than one attorney 26
31 Appointment of alternative attorneys 28
Division 4--Making the power 29
32 Form of enduring power of attorney 29
33 How should an enduring power of attorney be executed? 29
34 Who is eligible to sign an enduring power of attorney at the
direction of the principal? 30
35 Who can witness the signing of an instrument creating an
enduring power of attorney? 30
36 Certification of witness to signing 31
37 Acceptance by attorney 33
38 Acceptance by alternative attorney 34
PART 4--ENDURING POWERS OF ATTORNEY--
COMMENCEMENT 36
39 When attorney's power is exercisable 36
40 Attorney to notify if acting because the principal does not have
decision making capacity 37
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41 Regaining decision making capacity does not prevent exercise
of power by attorney 37
42 Principal may continue to exercise power 38
PART 5--ENDURING POWERS OF ATTORNEY--ENDING 39
Division 1--Provision in enduring power of attorney as to
revocation 39
43 Terms of enduring power of attorney as to revocation 39
Division 2--Revocation by principal 39
44 Revocation by principal 39
45 Form of revocation 39
46 How should an instrument of revocation be executed? 40
47 Who is eligible to sign the instrument of revocation at the
direction of the principal? 40
48 Who can witness the signing of the instrument of revocation? 41
49 Certification of witness to signing of instrument of revocation 42
50 Notification of revocation 43
Division 3--Other revocation 44
51 Death of principal 44
52 Death of attorney 44
53 Attorney does not have decision making capacity 44
54 Revocation of appointment and notification of revocation,
winding up etc. 44
55 Later inconsistent enduring power of attorney 46
Division 4--Resignation of attorney or alternative attorney when
principal has decision making capacity 46
56 Resignation when principal has decision making capacity 46
57 Form of resignation 47
58 Notification of resignation 47
Division 5--Resignation of attorney or alternative attorney when
principal does not have decision making capacity 48
59 Resignation when principal does not have decision making
capacity 48
60 Form of resignation 49
61 Notification of resignation 49
Division 6--Effect of attorney's power ending where more than
one attorney 50
62 Ending of attorney's power where more than one attorney 50
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PART 6--ENDURING POWERS OF ATTORNEY--
OPERATION 51
Division 1--Duties of attorney 51
63 Duties of attorney 51
64 Conflict transactions 51
65 Permitted conflict transactions 52
66 Keeping records 54
67 Gifts 54
68 Maintenance of principal's dependants 55
69 Separation of attorney's and principal's property 56
70 Remuneration of attorney 56
Division 2--Decision making between more than one attorney 56
71 Disagreement between attorneys 56
72 Attorney for financial matters to implement decision 57
Division 3--Protection and relief from liability 57
73 Interpretation 57
74 Relief from personal liability 57
75 Protection for attorney, third person who does not know of
invalidity or revocation or breach of condition 58
76 Protection if acting on advice, direction or order of Court or
VCAT 59
Division 4--Compensation 59
77 Compensation for acts of attorney 59
78 Who can apply for an order for compensation? 60
79 Time limit for application for order for compensation 60
80 VCAT may refer matter to Supreme Court 60
Division 5--General matters 61
81 Enduring power of attorney is a deed 61
82 Proof of enduring power of attorney 61
83 Effect of administration order or guardianship order on
enduring power of attorney 61
PART 7--SUPPORTIVE ATTORNEY APPOINTMENTS 62
Division 1--Definitions 62
84 Definitions 62
Division 2--Power to make appointment and nature of
appointment 62
85 Power to make and scope of appointment 62
86 Who may make a supportive attorney appointment? 63
87 Information power 64
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88 Communication power 65
89 Powers as to giving effect to decisions 65
90 Duties and obligations of supportive attorney 66
Division 3--Appointment of supportive attorneys 67
91 Who is eligible to be appointed as a supportive attorney? 67
92 Appointment of more than one supportive attorney 67
93 Appointment of alternative supportive attorneys 68
Division 4--Making an appointment 69
94 Form of appointment 69
95 How should an appointment be executed? 69
96 Who is eligible to sign an appointment form at the direction
of the principal? 69
97 Who can witness the signing of an appointment form? 70
98 Certification of witness to signing of appointment form 71
99 Acceptance by supportive attorney 72
100 Acceptance by alternative supportive attorney 73
Division 5--Commencement and ending of supportive attorney
appointment 75
101 When does appointment commence? 75
102 Effect on appointment if principal does not have decision
making capacity 75
103 Revocation of appointment by principal 75
104 Form of revocation 75
105 How should a form of revocation be executed? 76
106 Who is eligible to sign the form of revocation at the direction
of the principal? 76
107 Who can witness the signing of the form of revocation? 77
108 Notification of revocation by principal 77
109 Other revocation of supportive attorney appointment 78
110 Notification of revocation by operation of section 109(4) 79
111 Resignation 79
112 Form of resignation 79
113 Notification of resignation 80
Division 6--Protection and relief from liability 80
114 Protection for supportive attorney or other person who does
not know appointment does not have effect 80
PART 8--VCAT JURISDICTION 82
Division 1--Interpretation 82
115 Interpretation 82
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Division 2--VCAT hearing at first instance 82
116 Matters about which VCAT may make an order 82
117 Considerations for failure to comply with execution
requirements 84
118 Considerations for invalidity of enduring power of attorney 85
119 Effect of finding of invalidity on enduring power of attorney 86
120 Nature of VCAT orders 86
121 Advisory opinions 87
Division 3--Application and procedure, VCAT hearing at first
instance 88
122 Who can apply for an order? 88
123 Who is entitled to notice? 88
124 Who are parties to the proceeding? 90
Division 4--VCAT rehearing 91
125 Requirement to rehear 91
126 Matter that cannot be subject of a rehearing 91
127 Powers of VCAT on rehearing 92
128 Effect of, stay of first instance order pending rehearing 92
129 Nature of rehearing 92
Division 5--Application and procedure, VCAT rehearing 92
130 Who can apply for a rehearing? 92
131 Who is entitled to notice of rehearing? 93
132 Who are parties to the proceeding for the rehearing? 93
133 Time limit for making application 93
Division 6--Effect on VCAT Act 94
134 Effect on VCAT Act 94
PART 9--GENERAL 95
135 Offences as to enduring powers of attorney 95
136 Offences of dishonestly obtaining or using supportive attorney
appointment 96
137 Criminal liability of officers of bodies corporate--failure to
exercise due diligence 97
138 Recognition of enduring powers of attorney made in other
States and Territories 98
139 Regulations 99
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PART 10--TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS, AMENDMENT OF OTHER ACTS 100
Division 1--Transitional provisions 100
140 Definitions 100
141 Transitional provision--non-enduring powers of attorney 100
142 Transitional provision--old enduring powers of attorney 101
143 Transitional provision--old enduring powers of guardianship 102
Division 2--Amendment of the Instruments Act 1958 and the
Guardianship and Administration Act 1986 103
144 Amendment of the Instruments Act 1958 103
145 Repeal of Division 5A of Part 4 of the Guardianship and
Administration Act 1986 103
146 Repeal of sections 86 and 86A of the Guardianship and
Administration Act 1986 103
147 Repeal of Schedule 4 to the Guardianship and
Administration Act 1986 103
148 Amendment of the Guardianship and Administration
Act 1986 104
Division 3--Amendment of other Acts 105
149 Amendment of the Crimes Act 1958 105
150 Amendment of the Criminal Procedure Act 2009 105
21A Powers of Attorney Act 2014 105
151 Amendment of the Disability Act 2006 105
152 Amendment of the Family Violence Protection Act 2008 106
153 Amendment of the Health Records Act 2001 106
154 Amendment of the Human Services (Complex Needs)
Act 2009 107
155 Amendment of the Information Privacy Act 2000 107
156 Amendment of the Medical Treatment Act 1988 108
157 Amendment of the Melbourne Market Authority Act 1977 108
158 Amendment of the Mental Health Act 2014 108
159 Amendment of the Personal Safety Intervention Orders
Act 2010 108
160 Amendment of the State Electricity Commission Act 1958 109
161 Amendment of the Supported Residential Services (Private
Proprietors) Act 2010 109
162 Amendment of the Transport Accident Act 1986 109
163 Amendment of the Trustee Act 1958 110
164 Repeal of Part 12 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 110
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165 New Part 15AD inserted in Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998 110
PART 15AD--POWERS OF ATTORNEY ACT 2014 110
51AF Constitution of Tribunal for proceedings 110
51AG Public Advocate may intervene or be joined 111
51AH Referral to administrators for report 111
51AI Proceeding not invalidated by failure to give notice 112
51AJ Confidentiality of proceedings 112
__________________
SCHEDULE 114
SCHEDULE--Form of General Non-enduring Power of Attorney 114
ENDNOTES 116
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Powers of Attorney Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to--
(a) consolidate and provide for certain aspects of
the law relating to powers of attorney,
including the following--
(i) the principles to be applied by persons
acting under enduring powers of
attorney or under the provisions of this
Act relating to enduring powers of
attorney; and
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Part 1--Preliminary
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(ii) the powers and duties of attorneys
under enduring powers of attorney; and
(iii) the protection of persons whose affairs
are being dealt with under enduring
powers of attorney; and
(b) to provide for the meaning of the capacity of
persons to make decisions for matters to
which enduring powers of attorney and
supportive attorney appointments relate; and
(c) to provide for the appointment of a
supportive attorney as one who supports the
person making the appointment to make and
give effect to the person's own decisions; and
(d) to repeal Parts XI and XIA of the
Instruments Act 1958 and Division 5A of
Part 4 of the Guardianship and
Administration Act 1986; and
(e) to make related amendments to the
Instruments Act 1958, the Guardianship
and Administration Act 1986 and other
Acts; and
(f) to provide for related matters.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2015, it comes into
operation on that day.
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Part 1--Preliminary
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3 Definitions
(1) In this Act--
accommodation provider, for an individual,
means a person who is, in a professional or
administrative capacity, directly or indirectly
responsible for or involved in the provision
of accommodation to the individual;
administration order has the same meaning as in
the Guardianship and Administration Act
1986;
attorney for financial matters, for an enduring
power of attorney, means an attorney who
has power for financial matters under that
enduring power of attorney;
attorney for personal matters, for an enduring
power of attorney, means an attorney who
has power for personal matters under that
enduring power of attorney;
care worker, for an individual, means a person
who performs services for the care of the
individual and receives remuneration for
those services from any source, but does not
include--
(a) a person who receives a carer payment
or other benefit from the
Commonwealth or a State or a Territory
of the Commonwealth for providing
home care for the individual; or
(b) a person who is a health provider;
close friend, for a person, means another person
who has a close personal relationship with
the first person and a personal interest in the
first person's welfare;
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domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support of
a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides
domestic support and personal care to
the person--
(i) for fee or reward; or
(ii) on behalf of another person or an
organisation (including a
government, a government
agency, a body corporate or a
charitable or benevolent
organisation);
enduring power of attorney means a power of
attorney to which section 22 applies;
financial matter, in relation to a principal under
an enduring power of attorney, or a
supportive attorney appointment, means any
matter relating to the principal's financial or
property affairs, and includes any legal
matter that relates to the financial or property
affairs of the principal;
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Examples
The following are examples of financial matters--
(a) making money available to the principal for the
principal's personal expenditure;
(b) paying expenses for the principal and any
dependants of the principal relating to the
maintenance and accommodation of the
principal and any dependants, including
purchasing an interest in, or making a
contribution to an establishment to
accommodate the principal or any dependants
of the principal or otherwise making payments
in relation to such property;
(c) paying any debts of the principal, including any
fees and expenses to which an attorney is
legally entitled;
(d) receiving and recovering money payable to the
principal;
(e) carrying on any trade or business of the
principal;
(f) performing any contracts entered into by the
principal;
(g) discharging any mortgage over the principal's
property;
(h) paying rates, taxes and insurance premiums or
other outgoings for the principal's property;
(i) insuring the principal or the principal's
property;
(j) otherwise preserving or improving the
principal's property;
(k) making investments for the principal;
(l) continuing investments of the principal,
including taking up rights to issues of new
shares, or options for new shares to which the
principal becomes entitled by the principal's
existing shareholding;
(m) undertaking any real estate transaction for the
principal;
(n) dealing with land for the principal;
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(o) undertaking a beneficial transaction for the
principal involving the use of the principal's
property as security for an obligation, including
taking out a loan on behalf of the principal or
giving a guarantee on behalf of the principal;
(p) withdrawing money from or depositing money
into an account of the principal with a financial
institution;
financial services licensee has the same meaning
as in section 761A of the Corporations Act;
general non-enduring power of attorney means a
non-enduring power of attorney that is made
under section 7;
guardianship order has the same meaning as in
the Guardianship and Administration Act
1986;
health provider means a person who provides
health care in the practice of a profession or
in the ordinary course of business;
legal matter, in relation to a principal under an
enduring power of attorney, or a supportive
attorney appointment, means--
(a) use of legal services for the principal's
benefit; or
(b) bringing or defending a legal
proceeding or hearing in a court,
tribunal or other body on behalf of the
principal, including settling a claim
before or after a legal proceeding or
hearing starts;
Examples
The following are examples of legal matters--
(a) the use of legal services to obtain information
about the principal's legal rights;
(b) the use of legal services to make a transaction;
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nearest relative means the relative first listed in
the definition of relative who has attained the
age of 18 years, the elder or eldest of two or
more relatives described in any paragraph
being preferred to any other so described,
regardless of sex;
non-enduring power of attorney means a power
of attorney that is not an enduring power of
attorney;
offence involving dishonesty means an offence
that involves dishonesty and that is
punishable by at least 3 months'
imprisonment, whether it is an offence in this
State, the Commonwealth, another State or a
Territory of the Commonwealth or a foreign
state or country;
personal matter, in relation to a principal under an
enduring power of attorney, or a supportive
attorney appointment, means any matter
relating to the principal's personal or lifestyle
affairs, and includes any legal matter that
relates to the principal's personal or lifestyle
affairs;
Examples
The following are examples of personal matters--
(a) where and with whom the principal lives;
(b) persons with whom the principal associates;
(c) whether the principal works and, if so, the kind
and place of work and employer;
(d) whether the principal undertakes education or
training, the kind of education or training and
the place where it takes place;
(e) daily living issues such as diet and dress;
(f) health care matters, including matters provided
for in Part 4A of the Guardianship and
Administration Act 1986;
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Part 1--Preliminary
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principal means--
(a) for a power of attorney, the person who
makes the power of attorney;
(b) for a supportive attorney appointment,
the person who makes the supportive
attorney appointment;
Public Advocate means the person appointed as
the Public Advocate under the
Guardianship and Administration Act
1986;
purchaser means a purchaser for valuable
consideration and includes a lessee,
mortgagee or other person who acquires an
estate or interest in property for valuable
consideration;
relative means any of the following--
(a) spouse or domestic partner;
(b) child;
(c) parent or step-parent;
(d) sibling or step-sibling;
(e) grandparent;
(f) grandchild;
(g) uncle or aunt;
(h) nephew or niece;
spouse of a person means a person to whom the
person is married;
supportive attorney means a person appointed
under a supportive attorney appointment;
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No. of 2014
Part 1--Preliminary
s. 3
supportive attorney appointment means an
appointment under section 85;
supportive attorney for financial matters, for a
supportive attorney appointment, means a
supportive attorney who has power for
financial matters under the supportive
attorney appointment;
trustee company has the same meaning as in
section 4 of the Trustee Companies Act
1984;
valuable consideration does not include a
nominal consideration in money.
(2) For the purposes of the definition of domestic
partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act 2008;
and
(b) in determining whether persons who are not
in a registered relationship are domestic
partners of each other, all the circumstances
of the relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
in a particular case; and
(c) a person is not a domestic partner of another
person merely because they are co-tenants.
(3) A reference in the definition of relative in
subsection (1) to a person's sibling includes a
reference to an individual who was adopted by
one or both of the person's parents.
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Part 1--Preliminary
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(4) In this Act, a reference to signing at the direction
of the principal, in relation to the signing of--
(a) an enduring power of attorney, is a reference
to signing the instrument in the presence of
and at the direction of the principal under
section 33(a)(ii); or
(b) a revocation of an enduring power of
attorney, is a reference to signing the
instrument in the presence of and at the
direction of the principal under
section 46(a)(ii); or
(c) a supportive attorney appointment, is a
reference to signing the form in the presence
of and at the direction of the principal under
section 95(a)(ii); or
(d) a revocation of a supportive attorney
appointment, is a reference to signing the
form in the presence of and at the direction
of the principal under section 105(a)(ii).
4 Meaning of decision making capacity
(1) For the purpose of this Act, other than Part 2, a
person has capacity to make a decision as to a
matter (decision making capacity) if the person is
able to--
(a) understand the information relevant to the
decision and the effect of the decision; and
(b) retain that information to the extent
necessary to make the decision; and
(c) use or weigh that information as part of the
process of making the decision; and
(d) communicate the decision and the person's
views and needs as to the decision in some
way, including by speech, gestures or other
means.
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Part 1--Preliminary
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(2) For the purpose of subsection (1), a person is
presumed to have decision making capacity unless
there is evidence to the contrary.
(3) For the purpose of subsection (1)(a), a person is
taken to understand information relevant to a
decision if the person understands an explanation
of the information given to the person in a way
that is appropriate to the person's circumstances,
whether by using modified language, visual aids
or any other means.
(4) In determining whether or not a person has
decision making capacity regard should be had to
the following--
(a) a person may have decision making capacity
for some matters and not others;
(b) if a person does not have decision making
capacity for a matter, it may be temporary
and not permanent;
(c) it should not be assumed that a person does
not have decision making capacity for a
matter on the basis of the person's
appearance;
(d) it should not be assumed that a person does
not have decision making capacity for a
matter merely because the person makes a
decision that is, in the opinion of others,
unwise;
(e) a person has decision making capacity for a
matter if it is possible for the person to make
a decision in the matter with practicable and
appropriate support.
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Example
The following are examples of practicable and
appropriate support--
(a) using information or formats tailored to the
particular needs of a person; or
(b) communicating or assisting a person to
communicate his or her decision; or
(c) giving a person additional time and discussing
the matter with the person; or
(d) using technology that alleviates the effects of a
person's disability.
(5) Despite subsection (4)(d), the fact that a person
has made or proposes to make a decision that has
a high risk of being seriously injurious to the
person's health or wellbeing may, in conjunction
with other factors, be evidence that the person is
unable to understand, use or weigh information
relevant to the decision or the effect of the
decision.
5 Assessing decision making capacity
A person who is assessing whether a person has
decision making capacity, must take reasonable
steps to conduct the assessment at a time and in an
environment in which the person's decision
making capacity can be assessed most accurately.
__________________
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No. of 2014
Part 2--Non-enduring Powers of Attorney
s. 6
PART 2--NON-ENDURING POWERS OF ATTORNEY
Division 1--Definitions
6 Definitions
In this Part--
statutory owner has the same meaning as in the
Settled Land Act 1958;
tenant for life has the same meaning as in the
Settled Land Act 1958;
trustee includes a tenant for life and a statutory
owner.
Division 2--Scope and making of general non-enduring
powers of attorney
7 General non-enduring power of attorney
(1) A general non-enduring power of attorney that is
in or to the effect of the form in the Schedule has
the effect of giving the attorney under the power
authority to do anything on behalf of the principal
that a principal can lawfully do by an attorney.
(2) A general non-enduring power of attorney that is
in or to the effect of the form in the Schedule does
not have the effect--
(a) of empowering the attorney to delegate a
power under the power of attorney, unless so
specified in the power of attorney; and
(b) of delegating to the attorney the execution or
exercise of any trust, power or discretion
vested in the principal as trustee (whether
alone or jointly with any other person or
persons).
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Part 2--Non-enduring Powers of Attorney
s. 8
8 Appointment of more than one attorney
(1) A principal under a general non-enduring power
of attorney may appoint more than one person as
attorneys under the power.
(2) If more than one attorney is appointed under the
power--
(a) the principal may appoint the attorneys to act
jointly or jointly and severally; or
(b) if the principal does not specify how the
attorneys are appointed, the attorneys are
taken to be appointed to act jointly.
9 Appointment of alternative attorneys
(1) A principal under a general non-enduring power
of attorney may appoint one or more persons as
alternative attorneys under the power.
(2) The principal may specify in the power of
attorney the circumstances in which any
alternative attorney may act under the power.
10 When attorney's power is exercisable
(1) A principal may specify in a general non-enduring
power of attorney a time from which, a
circumstance in which or an occasion on which
the power under the power of attorney is
exercisable.
(2) If a specification is not made in a general non-
enduring power of attorney under subsection (1),
the powers under the general non-enduring power
of attorney are exercisable once the power of
attorney is made.
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Part 2--Non-enduring Powers of Attorney
s. 11
Division 3--Execution of non-enduring power of attorney
and execution of other documents under non-enduring
power of attorney
11 How should a non-enduring power of attorney be
executed?
(1) A non-enduring power of attorney may be
executed--
(a) by the principal signing the non-enduring
power of attorney; or
(b) by another person signing the non-enduring
power of attorney, in the presence of and at
the direction of the principal.
(2) If a non-enduring power of attorney is executed
by another person signing the non-enduring power
of attorney in the presence of and at the direction
of the principal--
(a) 2 other persons must be present and witness
the person signing the non-enduring power
of attorney; and
(b) the other persons must sign the non-enduring
power of attorney.
12 Power of an attorney to execute instruments
(1) An attorney acting under a non-enduring power of
attorney may, if the attorney thinks fit--
(a) execute any instrument with the attorney's
own signature, and, where sealing is required
or employed, with the attorney's own seal
(whether or not the power of attorney was
given by hand); and
(b) do any other thing in the attorney's own
name.
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Part 2--Non-enduring Powers of Attorney
s. 13
(2) An instrument that is executed by an attorney
must be executed in a way that shows that the
attorney executes it as an attorney for the
principal.
(3) An instrument that is executed or a thing that is
done, by the attorney under a power of attorney, in
the way specified in this section, is as effective as
if it had been done by the principal--
(a) with the principal's signature; or
(b) with the principal's signature and seal; or
(c) in the principal's name.
(4) An instrument to which section 74(3) or (4) of the
Property Law Act 1958 applies may be executed
either as provided for in that section or in this
section.
Division 4--Protection from liability
13 Interpretation
For the purpose of this Division, knowledge that a
non-enduring power of attorney is invalid or has
been revoked includes the following--
(a) knowledge of the happening of an event that
invalidates or revokes the non-enduring
power of attorney or a power under the non-
enduring power of attorney;
(b) having reason to believe that the non-
enduring power of attorney, or a power
under the non-enduring power of attorney, is
invalid or has been revoked.
14 Protection for an attorney who does not know of
revocation or invalidity
An attorney under a non-enduring power of
attorney, who acts in good faith, does not incur
any liability, as against the principal or anyone
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Part 2--Non-enduring Powers of Attorney
s. 15
else, merely because the attorney, purports to
exercise power under the power of attorney and
does not know that the power being exercised, or
the power of attorney, is invalid or has been
revoked.
15 Protection for a third person who does not know of
revocation or invalidity when dealing with attorney
If a person--
(a) acts in reliance on a non-enduring power of
attorney; and
(b) acts in good faith and without knowing the
power of attorney is invalid or has been
revoked--
that person (and any person claiming under that
person) is entitled to rely on the power, despite the
invalidity or revocation, as against the principal
and any other person.
Division 5--Proof of non-enduring power of attorney
16 Proof of non-enduring power of attorney
(1) A non-enduring power of attorney may be proved
by a copy of the instrument creating the power
that is certified as provided for in this section.
(2) Each page, other than the last page, of the copy
must be certified to the effect that the copy of that
page is a true and complete copy of the
corresponding page of the original instrument.
(3) The last page of the copy must be certified to the
effect that the copy of the instrument is a true and
complete copy of the original instrument.
(4) Certification must be by one of the following
persons--
(a) an Australian legal practitioner;
(b) a financial services licensee;
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(c) a justice of the peace;
(d) a public notary;
(e) any other person authorised by law to
administer an oath;
(f) a person of a prescribed class.
(5) If a copy of an instrument creating a non-enduring
power of attorney has been certified as provided
for in this section, the non-enduring power of
attorney may also be proved by a copy of the
certified copy of the instrument, if the later copy
is also certified as provided for in this section.
(6) In this section--
justice of the peace means a person appointed as a
justice of the peace under Part 6 of the
Magistrates' Court Act 1989;
public notary has the same meaning as in the
Public Notaries Act 2001.
Division 6--Powers of attorney for security
17 Definition
In this Division--
power of attorney for security means a non-
enduring power of attorney--
(a) that states that it is irrevocable; and
(b) that is given by the principal to
secure--
(i) a proprietary interest of the
attorney; or
(ii) the performance of an obligation
owed to the attorney.
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Part 2--Non-enduring Powers of Attorney
s. 18
18 Operation of powers of attorney for security
(1) A power of attorney for security that is given to
secure a proprietary interest may be given to the
person entitled to the proprietary interest and to
any person deriving title to that proprietary
interest under that person.
(2) A person who is given a power of attorney for
security as a person deriving title to a proprietary
interest under another person is an attorney under
the power for all purposes of the power.
(3) Subsections (1) and (2) do not affect any right to
appoint a substitute attorney given by the power
of attorney.
19 Revocation of powers of attorney for security
As long as--
(a) the attorney under a power of attorney for
security has the proprietary interest that is
secured by the power; or
(b) the obligation owed to an attorney under a
power of attorney for security is
undischarged--
the following paragraphs apply to the power of
attorney for security--
(c) it is not capable of being revoked by the
principal, without the consent of the
attorney;
(d) it is not revoked--
(i) by the death of the principal; or
(ii) by the principal not having capacity; or
(iii) by the principal becoming insolvent
under administration; or
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Part 2--Non-enduring Powers of Attorney
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(iv) if the principal is a body corporate, by
the winding up or dissolution of the
principal.
20 Protection for a person who does not know of
revocation of a power of attorney for security
(1) A person who acts in reliance on the purported
exercise of a power by an attorney under a power
of attorney for security--
(a) is entitled to assume that the power of
attorney for security cannot be revoked
unless the principal does so with the consent
of the attorney; and
(b) must not be treated as knowing that the
power of attorney for security has been
revoked unless the person knows that the
power has been revoked by the principal
doing so with the consent of the attorney.
(2) Subsection (1) does not apply if the person knows
that the power of attorney was not in fact given to
secure a proprietary interest or the performance of
an obligation.
__________________
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No. of 2014
Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 21
PART 3--ENDURING POWERS OF ATTORNEY--SCOPE,
MAKING AND RELATED ISSUES
Division 1--Principles
21 Principles to be applied by persons acting under this
Act or an enduring power of attorney
(1) If a person is exercising a power, carrying out a
function or performing a duty under this Act for a
principal under an enduring power of attorney
who does not have decision making capacity in
relation to one or more matters, the person--
(a) must do so in a way that is as least restrictive
of the principal's ability to decide and act as
is possible in the circumstances; and
(b) in doing so must ensure that, the principal is
given practicable and appropriate support to
enable the principal to participate in
decisions affecting the principal as much as
possible in the circumstances.
(2) If an attorney under an enduring power of attorney
is making a decision about a matter on behalf of a
principal who does not have decision making
capacity in relation to that matter, the attorney
must--
(a) give all practicable and appropriate effect to
the principal's wishes; and
(b) take any steps that are reasonably available
to encourage the principal to participate in
decision making, even though the principal
does not have decision making capacity; and
(c) act in a way that promotes the personal and
social wellbeing of the principal, including
by--
(i) recognising the inherent dignity of the
principal; and
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(ii) having regard to the principal's existing
supportive relationships, religion,
values and cultural and linguistic
environment; and
(iii) respecting the confidentiality of
confidential information relating to the
principal.
Division 2--Scope of power
22 Enduring power of attorney
(1) By an enduring power of attorney a person may
authorise an eligible attorney to do anything on
behalf of the person that a person can lawfully do
by an attorney.
(2) Without limiting subsection (1), a person may
make an enduring power of attorney for personal
or financial matters or both.
(3) Despite any rule of law to the contrary an
enduring power of attorney is not revoked by the
principal, after making the power, becoming a
person who does not have decision making
capacity for any matters to which the power of
attorney applies.
(4) In this section--
eligible attorney means a person who is eligible
under Division 3 to be appointed as an
attorney under the power of attorney.
Note
See section 26 for matters for which power cannot be given under
an enduring power of attorney.
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23 Who may make an enduring power of attorney?
(1) A person may not make an enduring power of
attorney unless--
(a) the person is of or over 18 years of age; and
(b) the person has decision making capacity in
relation to making the enduring power of
attorney.
(2) For the purpose of section 4(1)(a), understanding
the effect of the decision to make an enduring
power of attorney includes understanding the
following matters--
(a) that the principal may, in the power of
attorney, place conditions on the power
given to the attorney and give instructions to
the attorney about the exercise of the power
given to the attorney;
(b) when the power of attorney commences;
(c) that once the power of attorney is exercisable
in relation to a matter, the attorney has the
same powers the principal has, when the
principal has decision making capacity for
that matter, to do anything for which the
power for that matter is given;
(d) that the principal may revoke the power of
attorney at any time when the principal has
decision making capacity in relation to
making the power of attorney;
(e) that the power of attorney continues even if
the principal subsequently becomes a person
who does not have decision making capacity
for a matter in the power of attorney;
(f) that at any time when the principal does not
have decision making capacity in relation to
revoking the power of attorney, the principal
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 24
is unable to effectively oversee the use of the
power.
24 Conditions and instructions in an enduring power of
attorney
A person making an enduring power of attorney
may place conditions on the exercise of the power
or give instructions about the exercise of the
power.
25 Attorney not able to delegate power
An enduring power of attorney does not have the
effect of empowering the attorney to delegate a
power under the enduring power of attorney.
26 Matters for which power cannot be given under an
enduring power of attorney
To avoid doubt, despite section 22, a principal
under an enduring power of attorney is not able to
authorise an attorney under that power to--
(a) make or revoke a will for the principal; or
(b) make or revoke an enduring power of
attorney for the principal; or
(c) vote on the principal's behalf in an election
for the State or the Commonwealth or
another State or a Territory of the
Commonwealth or a local election or a
referendum; or
(d) consent to the entering into or dissolution of
a marriage of the principal or of a sexual
relationship of the principal; or
(e) make or give effect to a decision--
(i) about the care and wellbeing of any
child of the principal; or
(ii) about the adoption of a child under
18 years of age of the principal; or
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
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(f) to enter into, or agree to enter into, a
surrogacy arrangement, within the meaning
of the Assisted Reproductive Treatment
Act 2008, on the principal's behalf; or
(g) consent to the making or discharge of a
substitute parentage order, within the
meaning of the Status of Children Act
1974, on the principal's behalf; or
(h) manage the estate of the principal on the
death of the principal; or
(i) consent to an unlawful act.
27 Power of an attorney to execute instruments
Section 12 applies to an attorney who acts under
an enduring power of attorney in the same way
that it applies to an attorney who acts under a non-
enduring power of attorney.
Division 3--Appointment of attorney
28 Who is eligible to be appointed as an attorney?
(1) An individual is eligible to be appointed as an
attorney under an enduring power of attorney if
the individual is a person--
(a) who is of or over 18 years of age; and
(b) who is not an insolvent under administration;
and
(c) who, if the individual is to be an attorney for
financial matters--
(i) has not been convicted or found guilty
of an offence involving dishonesty; or
(ii) if the person has been convicted or
found guilty of an offence involving
dishonesty, has disclosed the conviction
or finding of guilt to the principal and
the disclosure of the conviction or
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 29
finding of guilt has been recorded in the
enduring power of attorney; and
(d) who is not a care worker, a health provider
or an accommodation provider for the
principal.
(2) A trustee company is eligible to be appointed as
an attorney for financial matters under an
enduring power of attorney if the company is not a
company against which a proceeding for winding
up has commenced.
(3) The Public Advocate is eligible to be appointed as
an attorney under an enduring power of attorney
for personal matters.
29 Attorney may be occupant of position
An attorney under an enduring power of attorney
may be appointed as being the occupant of a
position, however described, at the time the power
of attorney is made or from time to time.
30 Appointment of more than one attorney
(1) A principal under an enduring power of attorney
may appoint more than one person as attorneys
under the power.
(2) If more than one attorney is appointed under the
power, the principal may specify the matters for
which each attorney is to act.
(3) If more than one attorney is appointed under the
power, as to all or any of the matters under the
power--
(a) the principal may appoint any of the
attorneys to act--
(i) as joint attorneys; or
(ii) as several attorneys; or
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 30
(iii) as joint and several attorneys; or
(iv) as majority attorneys; or
(b) if the principal does not specify how the
attorneys are appointed, the attorneys are
taken to be appointed to act as joint
attorneys.
(4) Unless an enduring power of attorney otherwise
provides, if attorneys under the enduring power of
attorney are appointed--
(a) to act jointly, the attorneys are authorised to
act under the power unanimously, and, if a
document is required to be signed, by all
signing the document; or
(b) to act severally, the attorneys are authorised
to act under the power as one alone and, if a
document is required to be signed, by
signing the document as one alone; or
(c) to act jointly and severally, the attorneys are
authorised to act under the power--
(i) by all agreeing and, if a document is
required to be signed, by all signing the
document; or
(ii) as one alone or by more than one
agreeing and, if a document is required
to be signed, by the one alone signing
the document or if more than one agree,
by those who agree signing the
document; or
(d) to act by a majority, the attorneys are
authorised to act under the power if a
majority of the attorneys agree and, if a
document is required to be signed, by the
majority who agree signing the document.
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 31
31 Appointment of alternative attorneys
(1) A principal under an enduring power of attorney
may appoint a person as an alternative attorney for
any attorney appointed under the power of
attorney, if the person is eligible to be appointed
as an attorney under section 28.
(2) An alternative attorney is authorised to act under
the enduring power of attorney--
(a) in the circumstances specified in the power
of attorney; or
(b) if no circumstances are specified in the
power of attorney--
(i) if the attorney for whom the alternative
attorney is appointed--
(A) dies; or
(B) does not have the decision making
capacity for the matters to which
the appointment applies; or
(C) is otherwise not willing or able to
act; or
(ii) if the appointment of the attorney for
whom the alternative attorney is
appointed is revoked by the operation
of section 54.
(3) An alternative attorney must act under the
enduring power of attorney in the same manner as
the attorney for whom the alternative attorney is
appointed to act, unless the enduring power of
attorney otherwise provides.
Note
See section 30(4) for the manner in which the attorney acts.
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
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(4) The provisions of this Act that relate to enduring
powers of attorney apply to an alternative attorney
appointed under an enduring power of attorney,
when the alternative attorney is acting under the
power of attorney, in the same way that they apply
to any attorney appointed under the power of
attorney.
Division 4--Making the power
32 Form of enduring power of attorney
An enduring power of attorney must be in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
33 How should an enduring power of attorney be
executed?
An instrument creating an enduring power of
attorney must be executed--
(a) by--
(i) the principal signing the instrument; or
(ii) a person, who is eligible to do so under
section 34, signing the instrument in the
presence of and at the direction of the
principal; and
(b) by 2 persons--
(i) who are present and who witness the
signing of the instrument; and
(ii) who sign and date the instrument in the
presence of the principal and in the
presence of each other; and
(iii) who certify in writing in the instrument
in the manner required by section 36.
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
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34 Who is eligible to sign an enduring power of
attorney at the direction of the principal?
(1) A person is eligible to sign an instrument creating
an enduring power of attorney at the direction of
the principal if the person--
(a) is of or over the age of 18 years; and
(b) is not a witness to the signing of the
instrument; and
(c) is not an attorney under the enduring power
of attorney.
(2) To avoid doubt a person is not excluded from
being eligible to sign an instrument creating an
enduring power of attorney at the direction of the
principal merely because the person is an
employee of an attorney for the principal who
signs the instrument while the person is acting in
the ordinary course of that employment.
35 Who can witness the signing of an instrument
creating an enduring power of attorney?
(1) As to the 2 persons who, under section 33(b),
witness the signing of an instrument creating an
enduring power of attorney--
(a) both persons must be eligible to do so under
subsection (2); and
(b) one person must be either authorised to
witness affidavits or a medical practitioner.
(2) A person is eligible to witness the signing of an
instrument creating an enduring power of attorney
if the person--
(a) is of or over the age of 18 years; and
(b) is not signing the instrument at the direction
of the principal; and
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Powers of Attorney Act 2014
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Part 3--Enduring Powers of Attorney--Scope, Making and Related Issues
s. 36
(c) is not an attorney under the power of
attorney; and
(d) is not--
(i) a relative of the principal; or
(ii) a relative of an attorney under the
power of attorney; or
(iii) a care worker or an accommodation
provider for the principal.
(3) To avoid doubt a person is not excluded from
being eligible to witness the signing of an
instrument creating an enduring power of attorney
merely because the person is an employee of an
attorney for the principal who signs the instrument
while the person is acting in the ordinary course of
that employment.
36 Certification of witness to signing
(1) A witness who witnesses a principal signing an
instrument creating an enduring power of attorney
must--
(a) certify in writing in the instrument--
(i) that the principal appeared to freely and
voluntarily sign the instrument in the
presence of the witness; and
(ii) that, at the time the principal signed the
instrument, the principal appeared to
the witness to have decision making
capacity in relation to the making of the
enduring power of attorney; and
(b) state that the witness is not--
(i) an attorney under the power of
attorney; or
(ii) a relative of the principal or of an
attorney under the power of attorney; or
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Powers of Attorney Act 2014
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(iii) a care worker or an accommodation
provider for the principal; and
(c) if the witness is acting as a person who is
authorised to witness affidavits or a medical
practitioner, state the qualification on which
the witness is acting.
(2) A witness who witnesses another person signing
an instrument creating an enduring power of
attorney at the direction of the principal must--
(a) certify in writing on the instrument--
(i) that, in the presence of the witness, the
principal appeared to freely and
voluntarily direct the person to sign for
the principal; and
(ii) that the person signed the instrument in
the presence of the principal and the
witness; and
(iii) that, at the time the person signed the
instrument, the principal appeared to
the witness to have decision making
capacity in relation to making the
enduring power of attorney; and
(b) state that the witness is not--
(i) the person signing at the direction of
the principal; or
(ii) an attorney under the power of
attorney; or
(iii) a relative of the principal or of an
attorney under the power of attorney; or
(iv) a care worker or an accommodation
provider for the principal; and
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(c) if the witness is acting as a person who is
authorised to witness affidavits or as a
medical practitioner, state the qualification
on which the witness is acting.
(3) A certification and statement under subsection (1)
or (2) must be signed by the witness making it.
37 Acceptance by attorney
An enduring power of attorney is effective as to
an attorney appointed under the power of attorney
if--
(a) in the instrument creating the power of
attorney the attorney signs a statement of
acceptance of appointment that is in the
prescribed form; and
Note
See section 53 of the Interpretation of Legislation
Act 1984 for the effect of a form in or to the like
effect of the prescribed form.
(b) in the case of an attorney who is not a trustee
company, a person of or over 18 years of age
witnesses the signing of the statement of
acceptance under paragraph (a), and signs
that he or she has witnessed the signing; and
(c) in the statement of acceptance, the attorney
states that the attorney--
(i) is eligible under this Part of this Act to
act as an attorney under an enduring
power of attorney; and
(ii) understands the obligations of an
attorney under an enduring power of
attorney under this Act and the
consequences of failing to comply with
those obligations; and
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(iii) undertakes to act in accordance with the
provisions of this Act that relate to
enduring powers of attorney.
38 Acceptance by alternative attorney
An enduring power of attorney is effective as to
an alternative attorney appointed under the power
of attorney if--
(a) in the instrument creating the power of
attorney, the alternative attorney signs a
statement of acceptance of appointment that
is in the prescribed form; and
Note
See section 53 of the Interpretation of Legislation
Act 1984 for the effect of a form in or to the like
effect of the prescribed form.
(b) in the case of an alternative attorney who is
not a trustee company, a person of or over
18 years of age witnesses the signing of the
statement of acceptance under paragraph (a),
and signs that he or she has witnessed the
signing; and
(c) in the statement of acceptance, the
alternative attorney states that the alternative
attorney--
(i) is eligible under this Part of this Act to
act as an attorney under an enduring
power of attorney; and
(ii) understands the obligations of an
attorney under an enduring power of
attorney under this Act and the
consequences of failing to comply with
those obligations; and
(iii) undertakes to act in accordance with the
provisions of this Act that relate to
enduring powers of attorney; and
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(iv) understands the circumstances in which
the alternative attorney is authorised to
act under this Act; and
(v) is prepared to act in the place of the
attorney for whom the alternative
attorney is appointed, if still eligible to
act as attorney, when authorised to do
so under this Act.
Note
See section 31 for the circumstances in which
an alternative attorney is authorised to act in the
place of the attorney for whom the alternative
attorney is appointed.
__________________
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Powers of Attorney Act 2014
No. of 2014
Part 4--Enduring Powers of Attorney--Commencement
s. 39
PART 4--ENDURING POWERS OF ATTORNEY--
COMMENCEMENT
39 When attorney's power is exercisable
(1) A principal may specify, in an enduring power of
attorney, a time from which, a circumstance in
which or an occasion on which the power for all
matters or the power for a specified matter under
the power of attorney is exercisable, which may
be--
(a) immediately on the making of the power; or
(b) when the principal ceases to have decision
making capacity for the matters or matter; or
(c) any other time, circumstance or occasion.
(2) If a specification is not made in an enduring
power of attorney under subsection (1), the power
for all matters under the enduring power of
attorney is exercisable on and from the making of
the power of attorney.
(3) Despite a specification being made under
subsection (1) in an enduring power of attorney, if
before the specified time, circumstance or
occasion for a matter, the principal does not have
decision making capacity for the matter, an
attorney who has power for the matter may
exercise that power during any period when the
principal does not have that capacity.
(4) If an attorney is acting under an enduring power
of attorney as to a matter because the principal
does not have decision making capacity for the
matter, a person dealing with the attorney may ask
for evidence to establish that the principal does
not have the decision making capacity.
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Part 4--Enduring Powers of Attorney--Commencement
s. 40
Note
An example of evidence that may be given under subsection
(4) is a medical certificate as to the principal's decision
making capacity.
40 Attorney to notify if acting because the principal
does not have decision making capacity
(1) Before an attorney under an enduring power of
attorney for the first time commences to exercise
power for a matter because the principal does not
have decision making capacity for that matter, the
attorney must take reasonable steps to give notice
that the attorney is commencing to exercise the
power to any person who, the enduring power of
attorney states, should be so notified.
(2) A failure by the attorney to give a notification
under this section does not affect any exercise by
the attorney of power under the enduring power of
attorney.
(3) For the purpose of subsection (1), reasonable steps
may include sending the notification by post to--
(a) for an individual, the last known residential
address of the individual; or
(b) for a body corporate, the last known business
address of the body corporate.
41 Regaining decision making capacity does not
prevent exercise of power by attorney
(1) If an attorney under an enduring power of attorney
has commenced exercising power for any matter
under that enduring power of attorney because the
principal does not have decision making capacity
for the matter, the attorney may continue to
exercise that power even if the principal regains
decision making capacity for the matter.
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Part 4--Enduring Powers of Attorney--Commencement
s. 42
(2) Nothing in subsection (1) is to be taken to enable
a person to exercise power under an enduring
power of attorney that is invalid or has been
revoked.
42 Principal may continue to exercise power
To avoid doubt, the giving of an enduring power
of attorney does not affect the principal's power to
do anything that the principal is otherwise legally
capable of doing.
__________________
38
Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 43
PART 5--ENDURING POWERS OF ATTORNEY--ENDING
Division 1--Provision in enduring power of attorney as to
revocation
43 Terms of enduring power of attorney as to
revocation
(1) An enduring power of attorney is revoked
according to its terms.
(2) The provisions in Divisions 2 and 3 as to
revocation of an enduring power of attorney are
subject to subsection (1).
Division 2--Revocation by principal
44 Revocation by principal
The principal under an enduring power of attorney
may revoke the enduring power of attorney or the
appointment of an attorney or alternative attorney
under the enduring power of attorney if the
principal has decision making capacity in relation
to making an enduring power of attorney giving
the same power.
45 Form of revocation
A revocation under section 44 must be by
instrument (instrument of revocation) in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
39
Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 46
46 How should an instrument of revocation be
executed?
An instrument of revocation must be executed--
(a) by--
(i) the principal signing the instrument; or
(ii) a person, who is eligible to do so under
section 47, signing the instrument in the
presence of and at the direction of the
principal; and
(b) by 2 persons who--
(i) are present and who witness the
principal or person signing the
instrument; and
(ii) sign and date the instrument in the
presence of the principal and in the
presence of each other; and
(iii) certify in writing in the instrument in
the manner required by section 49.
47 Who is eligible to sign the instrument of revocation
at the direction of the principal?
(1) A person is eligible to sign the instrument of
revocation at the direction of the principal if the
person--
(a) is of or over the age of 18 years; and
(b) is not a witness to the signing of the
instrument of revocation; and
(c) is not an attorney under the enduring power
of attorney.
(2) To avoid doubt a person is not excluded from
being eligible to sign an instrument of revocation
at the direction of the principal merely because the
person is an employee of an attorney for the
principal who signs the instrument while the
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Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 48
person is acting in the ordinary course of that
employment.
48 Who can witness the signing of the instrument of
revocation?
(1) As to the 2 persons who, under section 46(b),
witness the signing of the instrument of
revocation--
(a) both persons must be eligible to do so under
subsection (2); and
(b) one person must be either authorised to
witness affidavits or a medical practitioner.
(2) A person is eligible to witness the signing of the
instrument if the person--
(a) is of or over the age of 18 years; and
(b) is not signing the instrument at the direction
of the principal; and
(c) is not an attorney under the power of
attorney; and
(d) is not--
(i) a relative of the principal; or
(ii) a relative of an attorney under the
power of attorney; or
(iii) a care worker or an accommodation
provider for the principal.
(3) To avoid doubt a person is not excluded from
being eligible to witness the signing of the
instrument of revocation merely because the
person is an employee of an attorney for the
principal who signs the instrument while the
person is acting in the ordinary course of that
employment.
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Part 5--Enduring Powers of Attorney--Ending
s. 49
49 Certification of witness to signing of instrument of
revocation
(1) A witness who, under section 46(b)(i) witnesses a
principal signing an instrument of revocation
must--
(a) certify in writing in the instrument--
(i) that the principal appeared to freely and
voluntarily sign the instrument in the
presence of the witness; and
(ii) that, at the time the principal signed the
instrument, the principal appeared to
the witness to have decision making
capacity to revoke the enduring power
of attorney; and
(b) state that the witness is not--
(i) an attorney under the power of
attorney; or
(ii) a relative of the principal or an attorney
under the power of attorney; or
(iii) a care worker or an accommodation
provider for the principal; and
(c) if the witness is acting as a person who is
authorised to witness affidavits or a medical
practitioner, state the qualification on which
the witness is acting.
(2) A witness who, under section 46(b)(i) witnesses
another person signing an instrument of
revocation at the direction of the principal must--
(a) certify in writing in the instrument--
(i) that, in the presence of the witness, the
principal appeared to freely and
voluntarily direct the person to sign for
the principal; and
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Part 5--Enduring Powers of Attorney--Ending
s. 50
(ii) that the person signed the instrument in
the presence of the principal and the
witness; and
(iii) that, at the time the person signed the
instrument, the principal appeared to
the witness to have decision making
capacity to revoke the enduring power
of attorney; and
(b) state that the witness is not--
(i) the person signing at the direction of
the principal; or
(ii) an attorney under the power of
attorney; or
(iii) a relative of the principal or of an
attorney under the power of attorney; or
(iv) a care worker or an accommodation
provider for the principal; and
(c) if the witness is acting as a person who is
authorised to witness affidavits or as a
medical practitioner, state the qualification
on which the witness is acting.
(3) A certification and statement under subsection (1)
or (2) must be signed by the witness making it.
50 Notification of revocation
(1) On revoking an enduring power of attorney under
this Division, the principal must take reasonable
steps to inform any attorneys under the power that
it has been revoked.
(2) On revoking the appointment of an attorney or
alternative attorney under this Division, the
principal must take reasonable steps to inform that
attorney or alternative attorney and all other
attorneys and alternative attorneys under the
power that the appointment has been revoked.
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Part 5--Enduring Powers of Attorney--Ending
s. 51
(3) A failure by the principal to give a notification
under this section does not affect the validity of
the revocation.
(4) For the purpose of subsections (1) and (2),
reasonable steps may include sending the
notification by post to--
(a) for an individual, the last known residential
address of the individual; or
(b) for a body corporate, the last known business
address of the body corporate.
Division 3--Other revocation
51 Death of principal
An enduring power of attorney is revoked on the
death of the principal.
52 Death of attorney
When an attorney under an enduring power of
attorney dies, the enduring power of attorney is
revoked so far as it gives power to that attorney.
53 Attorney does not have decision making capacity
If an attorney under an enduring power of attorney
becomes a person who does not have decision
making capacity for the matters to which the
enduring power of attorney applies, the power of
attorney is revoked so far as it gives power to that
attorney.
54 Revocation of appointment and notification of
revocation, winding up etc.
(1) An enduring power of attorney is revoked so far
as it gives power to an attorney who is an
individual, if, after appointment--
(a) the attorney becomes an insolvent under
administration; or
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Part 5--Enduring Powers of Attorney--Ending
s. 54
(b) the attorney becomes a care worker, a health
provider or an accommodation provider for
the principal; or
(c) for an attorney for financial matters, the
attorney is convicted or found guilty of an
offence involving dishonesty.
(2) An enduring power of attorney is revoked so far
as it gives power to an attorney that is a trustee
company, if, after appointment of the trustee
company the company is wound up or ceases to be
registered.
(3) An attorney must take reasonable steps to give
notice in accordance with subsection (4)--
(a) if the appointment of the attorney is revoked
by the operation of subsection (1) or (2); or
(b) in the case of an attorney that is a trustee
company, if--
(i) a proceeding against the company for
winding up commences; or
(ii) the company is convicted or found
guilty of an offence involving
dishonesty.
(4) Notice of an event referred to in subsection (3)(a)
or (b) must be given to--
(a) the principal, if the principal has decision
making capacity for the matter for which the
attorney has power; and
(b) any other attorney; and
(c) any alternative attorney; and
(d) if the principal does not have decision
making capacity for the matter for which the
attorney has power and there is no person to
notify under paragraph (b) or (c)--
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Part 5--Enduring Powers of Attorney--Ending
s. 55
(i) the nearest relative of the principal; or
(ii) if the attorney is not able to notify the
nearest relative, the Public Advocate.
(5) A notification under subsection (3) must be in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
(6) A failure by the attorney to give a notification
under this section does not affect the validity of
the revocation of the power.
Note
VCAT also has power to revoke a power of attorney, see Part 8.
55 Later inconsistent enduring power of attorney
(1) An enduring power of attorney is revoked by a
later enduring power of attorney of the principal,
so far as the later enduring power of attorney is
inconsistent.
(2) Subsection (1) does not apply if the principal
specifies otherwise in the later enduring power of
attorney.
Division 4--Resignation of attorney or alternative attorney
when principal has decision making capacity
56 Resignation when principal has decision making
capacity
(1) An attorney or alternative attorney under an
enduring power of attorney, who has power for a
matter, may resign as attorney or alternative
attorney for that matter at any time when the
principal has decision making capacity for the
matter.
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Part 5--Enduring Powers of Attorney--Ending
s. 57
(2) On the resignation of the attorney or alternative
attorney, the enduring power of attorney is
revoked so far is it gives power to the attorney or
alternative attorney.
57 Form of resignation
The resignation of an attorney or alternative
attorney under this Division must be in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
58 Notification of resignation
(1) A person who resigns as attorney for a matter
under this Division must take reasonable steps to
inform the following persons of the resignation--
(a) the principal;
(b) any other attorney and any alternative
attorney under the enduring power of
attorney.
(2) A person who resigns as alternative attorney for a
matter under this Division must take reasonable
steps to inform the following persons of the
resignation--
(a) the principal;
(b) any attorney under the enduring power of
attorney.
(3) A failure by the attorney or alternative attorney to
give a notification under this section does not
affect the validity of the resignation of the
attorney.
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Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 59
Division 5--Resignation of attorney or alternative attorney
when principal does not have decision making capacity
59 Resignation when principal does not have decision
making capacity
(1) An attorney under an enduring power of attorney,
who has power for a matter, may resign as
attorney for that matter at any time when the
principal does not have decision making capacity
for the matter--
(a) if there is another attorney who has power
for the matter; or
(b) if there is no other attorney who has power
for the matter but there is an alternative
attorney who has power for the matter who is
able and willing to act; or
(c) if paragraph (a) or (b) does not apply, with
leave from VCAT or the Supreme Court.
(2) An alternative attorney under an enduring power
of attorney, who has power for a matter and who
is acting under that power, may resign as
alternative attorney for that matter at any time
when the principal does not have decision making
capacity for the matter with leave from VCAT or
the Supreme Court.
(3) An alternative attorney under an enduring power
of attorney, who has power for a matter and who
is not acting as attorney under the enduring power
of attorney may resign as alternative attorney for
that matter when the principal does not have
decision making capacity for the matter.
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Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 60
60 Form of resignation
If section 59(1)(a) or (b) or (3) applies to the
resignation of an attorney under an enduring
power of attorney, the resignation must be in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
61 Notification of resignation
(1) If section 59(1)(a) applies to the resignation of an
attorney, the attorney must take reasonable steps
to notify the following persons of the
resignation--
(a) the other attorney who has power for the
matter and any other attorney under the
enduring power of attorney;
(b) any alternative attorney.
(2) If section 59(1)(b) applies to the resignation of an
attorney, the attorney must take reasonable steps
to notify the alternative attorney and any other
alternative attorney under the enduring power of
attorney.
(3) If section 59(3) applies to the resignation of an
alternative attorney, the alternative attorney must
take reasonable steps to notify the following
persons of the resignation--
(a) any attorney under the enduring power of
attorney;
(b) any other alternative attorney.
(4) A failure by an attorney or alternative attorney to
give a notification under this section does not
affect the validity of the resignation of the
attorney or alternative attorney.
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Powers of Attorney Act 2014
No. of 2014
Part 5--Enduring Powers of Attorney--Ending
s. 62
Division 6--Effect of attorney's power ending where more
than one attorney
62 Ending of attorney's power where more than one
attorney
(1) The ending of any power of a joint attorney under
an enduring power of attorney does not affect the
ability to exercise that power of any remaining
joint attorney or attorneys who have that power.
(2) The ending of any power of a joint and several
attorney under an enduring power of attorney does
not affect the ability to exercise that power of any
remaining joint and several attorney or attorneys
who have that power.
(3) The ending of any power of a several or majority
attorney under an enduring power of attorney does
not affect the ability to exercise that power of any
remaining several or majority attorney or
attorneys who have that power.
(4) Subsection (1), (2) or (3) does not apply if the
principal specifies otherwise in the enduring
power of attorney.
__________________
50
Powers of Attorney Act 2014
No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 63
PART 6--ENDURING POWERS OF ATTORNEY--
OPERATION
Division 1--Duties of attorney
63 Duties of attorney
(1) An attorney under an enduring power of
attorney--
(a) must act honestly, diligently and in good
faith; and
(b) must exercise reasonable skill and care; and
(c) must not use the position for profit, unless
permitted under section 70; and
(d) must avoid acting where there is or may be a
conflict of interest unless the power so
authorises; and
(e) must not disclose confidential information
gained as the attorney under the power
unless authorised by the power or by law;
and
(f) must keep accurate records and accounts as
required by section 66.
(2) Nothing in this section is to be taken to affect any
duty an attorney has at common law.
64 Conflict transactions
(1) An attorney for financial matters under an
enduring power of attorney has a duty not to enter
into a transaction in that capacity if the transaction
is one in which there is or may be a conflict
between--
(a) the duty of the attorney to the principal; and
(b) the interests of the attorney, or a relative,
business associate or close friend of the
attorney.
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s. 65
(2) Subsection (1) does not apply--
(a) to a gift made in accordance with section 67;
or
(b) to a transaction providing for the
maintenance of a dependant of the principal
made in accordance with section 68; or
(c) to a transaction merely because in the
transaction the attorney in the attorney's own
right and on behalf of the principal--
(i) deals with an interest in property held
jointly by the attorney and the principal
(whether as joint tenants or tenants in
common); or
(ii) obtains a loan or gives a guarantee or
indemnity in respect of a transaction
referred to in subparagraph (i); or
(iii) acquires an interest in property to be
held jointly by the attorney and the
principal (whether as joint tenants or
tenants in common), when the principal
has decision making capacity for the
matter; or
(iv) obtains a loan or gives a guarantee or
indemnity in respect of a transaction
referred to in subparagraph (iii), when
the principal has decision making
capacity for the matter.
65 Permitted conflict transactions
(1) Despite section 64, an attorney for financial
matters under an enduring power of attorney may
enter into a conflict transaction if the principal,
before the time of the transaction, authorises the
attorney to enter into--
(a) the transaction; or
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No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 65
(b) the kind of transaction; or
(c) conflict transactions generally.
(2) Despite section 64, an attorney for financial
matters under an enduring power of attorney may
continue a conflict transaction that the attorney
has entered into and that is not completed, if--
(a) the principal validates the entering into of the
transaction; and
(b) at the time of validation the principal has
decision making capacity for the transaction.
(3) Despite section 64, the principal under an
enduring power of attorney may validate a conflict
transaction an attorney for financial matters under
an enduring power of attorney has entered into
that has been completed if, at the time the
principal gives the validation, the principal has
decision making capacity for the transaction.
(4) Despite section 64, an attorney for financial
matters under an enduring power of attorney may
enter into a conflict transaction if VCAT, before
the time of the transaction, authorises the attorney
to enter into--
(a) the transaction; or
(b) the kind of transaction; or
(c) conflict transactions generally.
(5) Despite section 64, VCAT may validate a conflict
transaction that an attorney for financial matters
under an enduring power of attorney has entered
into that has been completed.
(6) A transaction that is validated by the principal
under subsection (2) or (3) or VCAT under
subsection (5) is taken to be valid from its
commencement.
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Part 6--Enduring Powers of Attorney--Operation
s. 66
(7) In this section--
conflict transaction means a transaction that an
attorney must not enter into under section 64.
66 Keeping records
An attorney under an enduring power of attorney
must keep accurate records and accounts of--
(a) all dealings and transactions made for
financial matters; and
(b) all material dealings and transactions made
for personal matters.
67 Gifts
(1) Subject to any condition or restriction stated in an
enduring power of attorney, an attorney for
financial matters under the power of attorney may
make a gift of the principal's property only if--
(a) the gift is reasonable having regard to all the
circumstances and, in particular, the
principal's financial circumstances; and
(b) the gift is--
(i) to a relative or a close friend of the
principal and is of a seasonal nature or
for a special event; or
Example
An example of a special event is a birth or a
marriage.
(ii) a type of donation that the principal
made when the principal had decision
making capacity for the matter or that
the principal might reasonably be
expected to make.
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Part 6--Enduring Powers of Attorney--Operation
s. 68
(2) A gift may be made under subsection (1) even
though the gift is made to--
(a) the attorney; or
(b) a relative or close friend of the attorney; or
(c) an organisation with whom the attorney has a
connection.
(3) An attorney must keep a written record of any gift
by the attorney--
(a) that is made to--
(i) the attorney; or
(ii) a relative or close friend of the
attorney; or
(iii) an organisation with which the attorney
has a connection; and
(b) the total value of which is of or over--
(i) the prescribed amount; or
(ii) if an amount has not been prescribed,
$100.
(4) A record kept under subsection (3) must set out
the amount of the gift and the person or
organisation to whom it has been made.
68 Maintenance of principal's dependants
(1) Subject to subsection (2), an attorney for financial
matters under an enduring power of attorney may
provide from the principal's property for the needs
of a dependant of the principal, if the enduring
power of attorney so provides.
(2) Unless the enduring power of attorney otherwise
provides, a provision under subsection (1) must
not be more than what is reasonable having regard
to all the circumstances and, in particular, the
principal's financial circumstances.
55
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No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 69
69 Separation of attorney's and principal's property
(1) An attorney for financial matters under an
enduring power of attorney must keep the
attorney's property separate from the principal's
property.
(2) Subsection (1) does not apply to--
(a) property owned jointly by the principal and
attorney; or
(b) property acquired jointly by the principal and
attorney in place of property owned jointly
by the principal and attorney.
(3) Subsection (1) does not affect any other obligation
imposed by law.
70 Remuneration of attorney
An attorney under an enduring power of attorney
is not entitled to any remuneration unless it is
specifically authorised by the enduring power of
attorney or by law.
Division 2--Decision making between more than one
attorney
71 Disagreement between attorneys
Where attorneys are authorised to act severally
under an enduring power of attorney and there is a
disagreement between an attorney for personal
matters and an attorney for financial matters
regarding a matter where each has authority to
act--
(a) either attorney may apply to VCAT for an
order as to how the matter should be
resolved; and
(b) unless the enduring power of attorney
otherwise provides or unless otherwise
ordered by VCAT, the decision of the
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Part 6--Enduring Powers of Attorney--Operation
s. 72
attorney for personal matters prevails to the
extent of any inconsistency.
72 Attorney for financial matters to implement decision
(1) An attorney for financial matters under an
enduring power attorney must implement a
decision of an attorney for personal matters under
that power of attorney.
(2) Despite subsection (1), if the implementation of
the decision of the attorney for personal matters
would result in a serious depletion of the
principal's financial resources, the attorney for
financial matters must apply to VCAT under
Part 8 for an order on the matter.
Division 3--Protection and relief from liability
73 Interpretation
For the purpose of this Division, knowledge that
an enduring power of attorney or a power under
an enduring power of attorney is invalid or has
been revoked includes the following--
(a) knowledge of the happening of an event that
invalidates or revokes the power of attorney
or the power under the enduring power of
attorney;
(b) having reason to believe that the power of
attorney, or the power under the enduring
power of attorney, is invalid or has been
revoked.
74 Relief from personal liability
If the Supreme Court or VCAT considers that--
(a) an attorney under an enduring power of
attorney is or may be personally liable for a
contravention of the provisions of this Act
relating to enduring powers of attorney; and
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Part 6--Enduring Powers of Attorney--Operation
s. 75
(b) the attorney has acted honestly and
reasonably and ought fairly to be excused for
the contravention--
the Supreme Court or VCAT may relieve the
attorney from all or part of the attorney's personal
liability for the contravention.
75 Protection for attorney, third person who does not
know of invalidity or revocation or breach of
condition
(1) An attorney--
(a) who purports to exercise a power under an
enduring power of attorney; and
(b) who does so in good faith and without
knowing that the power being exercised or
the enduring power of attorney is invalid or
has been revoked--
is entitled to rely on the power of attorney as
against the principal and any other person, despite
the invalidity or revocation.
(2) If a person--
(a) acts in reliance on the purported exercise of a
power by an attorney under an enduring
power of attorney; and
(b) acts in good faith without knowing that the
power is invalid or has been revoked--
that person (and any person claiming under that
person) is entitled to rely on the purported
exercise of the power as against the principal and
any other person, despite the invalidity or
revocation.
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No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 76
76 Protection if acting on advice, direction or order of
Court or VCAT
An attorney under an enduring power of attorney
who acts in compliance with any advice, direction
or order of the Supreme Court or VCAT is taken
to have complied with this Act unless the attorney
knowingly gave the Court or VCAT false or
misleading information relevant to the advice,
direction or order.
Division 4--Compensation
77 Compensation for acts of attorney
(1) The Supreme Court or VCAT may order an
attorney under an enduring power of attorney to
compensate the principal for a loss caused by the
attorney contravening any provision of this Act
relating to enduring powers of attorney when
acting as attorney under the power of attorney.
(2) Subsection (1) applies--
(a) even if the attorney is convicted of an
offence in relation to the attorney's
contravention; and
(b) even if the principal has died, in which case
compensation is payable to the estate of the
principal; and
(c) even if the enduring power of attorney is
invalid or has been revoked or, at the time of
the contravention, was invalid or had been
revoked.
(3) This section does not apply if Division 3 applies.
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No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 78
78 Who can apply for an order for compensation?
A person may apply for an order under section 77
if the person is--
(a) the principal; or
(b) any attorney under the enduring power of
attorney; or
(c) an executor or administrator of the
principal's estate; or
(d) the Public Advocate; or
(e) the nearest relative of the principal; or
(f) any other person whom VCAT is satisfied
has a special interest in the affairs of the
principal.
79 Time limit for application for order for
compensation
(1) An application for an order for compensation
under this Division must be made--
(a) if the principal has died, within 6 months
after that death; or
(b) if the attorney has died, within 6 months
after that death; or
(c) if both the principal and the attorney have
died, within 6 months after the first death.
(2) The Supreme Court or VCAT may extend the
time specified under subsection (1).
80 VCAT may refer matter to Supreme Court
VCAT may refer to the Supreme Court an
application made to it for an order for
compensation under this Division.
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No. of 2014
Part 6--Enduring Powers of Attorney--Operation
s. 81
Division 5--General matters
81 Enduring power of attorney is a deed
An enduring power of attorney that is made in
compliance with Part 3 has effect as a deed, even
if it is not expressed to be a deed or to be executed
under seal.
82 Proof of enduring power of attorney
An enduring power of attorney may be proved in
the same manner as a non-enduring power of
attorney is proved under section 16.
83 Effect of administration order or guardianship
order on enduring power of attorney
(1) If VCAT makes an administration order for a
principal, an attorney under an enduring power of
attorney for that principal must not exercise a
power for financial matters for that principal
unless the attorney is authorised by VCAT to do
so and then only so far as is authorised.
(2) If VCAT makes a guardianship order for a
principal, an attorney under an enduring power of
attorney for that principal must not exercise
powers in relation to personal matters for that
principal unless the attorney is authorised by
VCAT to do so and then only so far as is
authorised.
__________________
61
Powers of Attorney Act 2014
No. of 2014
Part 7--Supportive Attorney Appointments
s. 84
PART 7--SUPPORTIVE ATTORNEY APPOINTMENTS
Division 1--Definitions
84 Definitions
In this Part--
appointment form, in relation to a supportive
attorney appointment, means the document
creating the supportive attorney
appointment;
supported decision means a decision about a
matter that, under a supportive attorney
appointment, the supportive attorney is
authorised to support the principal in
making.
Division 2--Power to make appointment and nature of
appointment
85 Power to make and scope of appointment
(1) A person may appoint an eligible person to
support the person in making and giving effect to
decisions by exercising any of the powers set out
in sections 87, 88 and 89 that are specified in the
appointment in relation to any personal or
financial or other matters specified in the
appointment.
(2) To avoid doubt, nothing in this Act or in an
appointment under subsection (1) should be taken
as providing for the making of a supported
decision that is not a decision of the principal.
(3) To avoid doubt, under an appointment under
subsection (1) a person is not able to authorise
another person--
(a) to support the person making the
appointment in conducting any illegal
activity; or
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No. of 2014
Part 7--Supportive Attorney Appointments
s. 86
(b) to coerce, intimidate or in any way unduly
influence the person making the appointment
into a particular course of action.
(4) In this section--
eligible person means a person who is eligible to
be appointed as a supportive attorney under
section 91.
86 Who may make a supportive attorney appointment?
(1) A person may not make a supportive attorney
appointment unless--
(a) the person is of or over 18 years of age; and
(b) the person has decision making capacity in
relation to making the supportive attorney
appointment.
(2) For the purpose of section 4(1)(a), understanding
the effect of the decision to make a supportive
attorney appointment includes understanding the
following matters--
(a) that the appointment enables the principal to
make and give effect to his or her own
decisions with support; and
(b) that the appointment allows the principal to
choose a person to support the principal to
make and give effect to his or her own
decisions; and
(c) that supported decisions are decisions of the
principal and not the supportive attorney;
and
(d) when the appointment commences; and
(e) that the principal may revoke the
appointment at any time when the principal
has decision making capacity in relation to
making the supportive attorney appointment.
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s. 87
87 Information power
(1) By a supportive attorney appointment, the
principal may authorise the supportive attorney to
access, collect or obtain from or assist the
principal in accessing, collecting or obtaining
from any person any personal information about
the principal--
(a) that is relevant to a supported decision; and
(b) that may lawfully be collected or obtained by
the principal.
(2) For the purposes of subsection (1), a person
referred to in subsection (1) is authorised to
disclose personal information about the principal
to a supportive attorney who is acting under the
supportive attorney appointment.
Note
See also the Disability Act 2006, the Health Records Act
2001, the Information Privacy Act 2000 for provisions as
to disclosure of personal information to supportive attorneys
and access to personal information by supportive attorneys.
(3) A supportive attorney may disclose any
information given to the supportive attorney under
subsection (1) for the purpose of--
(a) anything that is relevant and necessary to the
supportive attorney carrying out the role of
supportive attorney; or
(b) any legal proceeding under this Act, or any
report of a legal proceeding under this Act;
or
(c) any other lawful reason.
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88 Communication power
By a supportive attorney appointment, the
principal may authorise the supportive attorney--
(a) to communicate any information about the
principal that is relevant or necessary to the
making of or giving effect to a supported
decision; or
(b) to communicate or to assist the principal to
communicate a supported decision of the
principal.
89 Powers as to giving effect to decisions
(1) By a supportive attorney appointment, the
principal may authorise the supportive attorney to
take any reasonable action or to do anything that
is reasonably necessary to give effect to a
supported decision, other than a decision about a
significant financial transaction.
(2) In this section--
significant financial transaction includes--
(a) making an investment for the principal
or continuing an investment of the
principal, including taking up rights to
issues of new shares or options for new
shares to which the principal becomes
entitled by the principal's existing
shareholding; or
(b) undertaking any real estate transaction
for the principal, excluding entering
into a residential tenancy for a premises
in which the principal lives or intends
to live; or
(c) dealing with land on behalf of the
principal including taking out a loan on
behalf of the principal or giving a
guarantee on behalf of the principal; or
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(d) undertaking a transaction for the
principal involving the use of the
principal's property as security for an
obligation; or
(e) buying and selling substantial personal
property on behalf of the principal.
(3) For the purpose of the definition of significant
financial transaction in subsection (2),
paragraph (a) does not include investing or
continuing an investment of an amount of $10 000
or less in total in one or more interest bearing
accounts of an authorised deposit-taking
institution, within the meaning of the Banking Act
1959 of the Commonwealth.
90 Duties and obligations of supportive attorney
(1) A supportive attorney under a supportive attorney
appointment--
(a) must act honestly, diligently, and in good
faith; and
(b) must exercise reasonable skill and care; and
(c) must not use the position for profit; and
(d) must avoid acting where there is or may be a
conflict of interest and, if acting where there
is a conflict of interest, must ensure that the
interests of the principal are the primary
consideration; and
(e) must discuss anything about a supported
decision with the principal in a way the
principal can understand and that will assist
the principal to make the decision.
(2) A supportive attorney under a supportive attorney
appointment is not entitled to receive any
remuneration for acting as supportive attorney.
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s. 91
Division 3--Appointment of supportive attorneys
91 Who is eligible to be appointed as a supportive
attorney?
A person is eligible to be appointed as a
supportive attorney if the person is an
individual--
(a) who is of or over 18 years of age; and
(b) who is not an insolvent under administration;
and
(c) who, if the individual is to be a supportive
attorney for financial matters--
(i) has not been convicted or found guilty
of an offence involving dishonesty; or
(ii) if the person has been convicted or
found guilty of an offence involving
dishonesty, has disclosed the conviction
or finding of guilt to the principal and
the disclosure of the conviction or
finding of guilt has been recorded in the
supportive attorney appointment; and
(d) who is not a care worker, a health provider
or an accommodation provider for the
principal.
92 Appointment of more than one supportive attorney
(1) A principal under a supportive attorney
appointment may appoint more than one person as
supportive attorneys under the appointment to act
separately.
(2) If more than one supportive attorney is appointed
under the appointment, the principal may specify
the matters for which each supportive attorney is
to act.
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93 Appointment of alternative supportive attorneys
(1) A principal under a supportive attorney
appointment may appoint a person as an
alternative supportive attorney for a supportive
attorney appointed under the appointment, if the
person is eligible to be appointed as a supportive
attorney under section 91.
(2) An alternative supportive attorney is authorised to
act under the supportive attorney appointment--
(a) in the circumstances specified in the
appointment; or
(b) if no circumstances are specified in the
appointment--
(i) if the supportive attorney for whom the
alternative supportive attorney is
appointed--
(A) dies; or
(B) does not have the decision making
capacity for the matters to which
the appointment applies; or
(C) is otherwise not willing or able to
act; or
(ii) if the appointment of the supportive
attorney for whom the alternative
supportive attorney is appointed is
revoked by the operation of
section 109(4).
(3) The provisions of this Act that relate to supportive
attorneys apply to an alternative supportive
attorney appointed under a supportive attorney
appointment, when the alternative supportive
attorney is acting under the appointment, in the
same way that they apply to any supportive
attorney appointed under the appointment.
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s. 94
Division 4--Making an appointment
94 Form of appointment
A supportive attorney appointment must be in the
prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
95 How should an appointment be executed?
A supportive attorney appointment must be
executed--
(a) by--
(i) the principal signing the appointment
form; or
(ii) a person, who is eligible to do so under
section 96, signing the appointment
form in the presence of and at the
direction of the principal; and
(b) by 2 persons--
(i) who are present and who witness the
signing of the appointment form; and
(ii) who sign and date the appointment
form in the presence of the principal
and in the presence of each other; and
(c) who certify in writing in the appointment
form in the manner required by section 98.
96 Who is eligible to sign an appointment form at the
direction of the principal?
(1) A person is eligible to sign an appointment form
for a supportive attorney appointment at the
direction of the principal if the person--
(a) is of or over 18 years of age; and
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(b) is not a witness to the signing of the
appointment form; and
(c) is not a supportive attorney under the
supportive attorney appointment.
(2) To avoid doubt, a person is not excluded from
being eligible to sign an appointment form at the
direction of the principal merely because the
person is an employee of a supportive attorney for
the principal who signs the form while the person
is acting in the ordinary course of that
employment.
97 Who can witness the signing of an appointment
form?
(1) As to the 2 persons who, under section 95(b),
witness the signing of an appointment form for a
supportive attorney appointment--
(a) both persons must be eligible to do so under
subsection (2); and
(b) one person must be a person who is
authorised by law to witness the signing of a
statutory declaration; and
(c) one person must not be--
(i) a relative of the principal; or
(ii) a relative of the supportive attorney
under the appointment; or
(iii) a care worker or an accommodation
provider for the principal.
(2) A person is eligible to witness the signing of an
appointment form for a supportive attorney
appointment if the person is--
(a) of or over the age of 18 years; and
(b) is not signing the appointment form at the
direction of the principal; and
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s. 98
(c) is not a supportive attorney under the
appointment.
(3) To avoid doubt, a person is not excluded from
being eligible to witness the signing of an
appointment form merely because the person is an
employee of a supportive attorney for the
principal who signs the form while the person is
acting in the ordinary course of that employment.
98 Certification of witness to signing of appointment
form
(1) A witness who witnesses a principal signing an
appointment form for a supportive attorney
appointment must--
(a) certify in writing on the form--
(i) that the principal appeared to freely and
voluntarily sign the appointment form
in the presence of the witness; and
(ii) that, at the time the principal signed the
appointment form, the principal
appeared to the witness to have
decision making capacity in relation to
making the supportive attorney
appointment; and
(b) state that the witness is not a supportive
attorney under the supportive attorney
appointment; and
(c) if the witness is acting as a person who is
authorised by law to witness the signing of a
statutory declaration, state the qualification
on which the witness is acting.
(2) A witness who witnesses another person signing
an appointment form for a supportive attorney
appointment at the direction of the principal
must--
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Part 7--Supportive Attorney Appointments
s. 99
(a) certify in writing on the form--
(i) that, in the presence of the witness, the
principal appeared to freely and
voluntarily direct the person to sign for
the principal; and
(ii) that the person signed the form in the
presence of the principal and the
witness; and
(iii) that, at the time the person signed the
form, the principal appeared to the
witness to have decision making
capacity in relation to making the
supportive attorney appointment; and
(b) state that the witness is not--
(i) a person signing the appointment form
at the direction of the principal; or
(ii) a supportive attorney under the
supportive attorney appointment; and
(c) if the witness is acting as a person who is
authorised by law to witness the signing of a
statutory declaration, state the qualification
on which the witness is acting.
(3) A certification and statement under subsection (1)
or (2) must be signed by the witness making it.
99 Acceptance by supportive attorney
A supportive attorney appointment is effective as
to a supportive attorney appointed under the
appointment if--
(a) in the appointment form the supportive
attorney signs a statement of acceptance of
appointment that is in the prescribed form;
and
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s. 100
Note
See section 53 of the Interpretation of Legislation
Act 1984 for the effect of a form in or to the like
effect of the prescribed form.
(b) a person of or over 18 years of age witnesses
the signing of the statement of acceptance
under paragraph (a), and signs in the
appointment form that he or she has
witnessed the signing; and
(c) the supportive attorney states in the
appointment form that the supportive
attorney--
(i) is eligible under this Act to act as a
supportive attorney under a supportive
attorney appointment; and
(ii) understands the obligations of a
supportive attorney under this Act and
the consequences of failing to comply
with this Act; and
(iii) undertakes to act in accordance with
this Act.
100 Acceptance by alternative supportive attorney
A supportive attorney appointment is effective as
to an alternative supportive attorney appointed
under the appointment if--
(a) in the appointment form the alternative
supportive attorney signs a statement of
acceptance of appointment that is in the
prescribed form; and
Note
See section 53 of the Interpretation of Legislation
Act 1984 for the effect of a form in or to the like
effect of the prescribed form.
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(b) a person of or over 18 years of age witnesses
the signing of the statement of acceptance
under paragraph (a), and signs in the
appointment form that he or she has
witnessed the signing; and
(c) the alternative supportive attorney states in
the appointment form that the alternative
supportive attorney--
(i) is eligible under this Act to act as a
supportive attorney under a supportive
attorney appointment; and
(ii) understands the obligations of a
supportive attorney under this Act and
the consequences of failing to comply
with this Act; and
(iii) undertakes to act in accordance with
this Act; and
(iv) understands the circumstances in which
the alternative supportive attorney is
authorised to act under this Act; and
(v) is prepared to act in the place of the
supportive attorney for whom the
alternative supportive attorney is
appointed, when authorised to do so
under this Act.
Note
See section 93 for the circumstances in which
an alternative supportive attorney is authorised
to act in the place of the supportive attorney for
whom the alternative supportive attorney is
appointed.
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Part 7--Supportive Attorney Appointments
s. 101
Division 5--Commencement and ending of supportive
attorney appointment
101 When does appointment commence?
(1) A principal may specify, in an appointment form
for a supportive attorney appointment, a time from
which, a circumstance in which or an occasion on
which the appointment of a supportive attorney
commences.
(2) If a specification is not made under subsection (1),
the appointment of a supportive attorney
commences on its making.
102 Effect on appointment if principal does not have
decision making capacity
A supportive attorney appointment does not have
effect for any period, after the making of the
appointment, during which the principal does not
have decision making capacity for the matters to
which the supportive attorney appointment
applies.
103 Revocation of appointment by principal
The principal under a supportive attorney
appointment may revoke the supportive attorney
appointment or the appointment of a supportive
attorney or alternative supportive attorney under
the supportive attorney appointment, if the
principal has decision making capacity in relation
to making the supportive attorney appointment.
104 Form of revocation
A revocation under section 103 must be in the
prescribed form (form of revocation).
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
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No. of 2014
Part 7--Supportive Attorney Appointments
s. 105
105 How should a form of revocation be executed?
A form of revocation must be executed--
(a) by--
(i) the principal signing the form; or
(ii) a person, who is eligible to do so under
section 106, signing the form in the
presence of and at the direction of the
principal; and
(b) by one person who--
(i) is present and who witnesses the
principal or person signing the form;
and
(ii) who signs and dates the form in the
presence of the principal.
106 Who is eligible to sign the form of revocation at the
direction of the principal?
(1) A person is eligible to sign the form of revocation
at the direction of the principal if the person--
(a) is of or over the age of 18 years; and
(b) is not a witness to the signing of the form;
and
(c) is not a supportive attorney under the
supportive attorney appointment.
(2) To avoid doubt a person is not excluded from
being eligible to sign the form of revocation at the
direction of the principal merely because the
person is an employee of a supportive attorney for
the principal who signs the form while the person
is acting in the ordinary course of that
employment.
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s. 107
107 Who can witness the signing of the form of
revocation?
(1) As to the person who, under section 105(b),
witnesses the signing of the form of revocation--
(a) the person must be of or over 18 years of
age; and
(b) the person must be authorised to witness the
signing of a statutory declaration; and
(c) the person must not be--
(i) a relative of the principal; or
(ii) a relative of a supportive attorney under
the appointment; or
(iii) a care worker or an accommodation
provider of the principal; or
(iv) a person signing the form at the
direction of the principal; or
(v) a supportive attorney under the
appointment.
(2) To avoid doubt a person is not excluded from
being eligible to witness the signing of the form of
revocation merely because the person is an
employee of a supportive attorney for the
principal who signs the form while the person is
acting in the ordinary course of that employment.
108 Notification of revocation by principal
(1) On revoking a supportive attorney appointment
under section 103, the principal must take
reasonable steps to inform any supportive
attorneys under the appointment that it has been
revoked.
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(2) On revoking the appointment of a supportive
attorney or alternative supportive attorney under
section 103, the principal must take reasonable
steps to inform that supportive attorney or
alternative supportive attorney and all other
supportive attorneys and alternative supportive
attorneys under the appointment that it has been
revoked.
(3) A failure by the principal to give a notification
under this section does not affect the validity of
the revocation.
109 Other revocation of supportive attorney
appointment
(1) A supportive attorney appointment is revoked on
the death of the principal.
(2) When a supportive attorney under a supportive
attorney appointment dies, the supportive attorney
appointment is revoked so far as it gives power to
that supportive attorney.
(3) A supportive attorney appointment is revoked, so
far as it gives power to a supportive attorney, if,
after appointment the supportive attorney becomes
a person who does not have decision making
capacity for the matters to which the supportive
attorney appointment applies.
(4) A supportive attorney appointment is revoked, so
far as it gives power to a supportive attorney, if,
after appointment--
(a) the supportive attorney becomes an insolvent
under administration; or
(b) the supportive attorney becomes a care
worker, a health provider or an
accommodation provider for the principal; or
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s. 110
(c) for a supportive attorney for financial
matters, the supportive attorney is convicted
or found guilty of an offence involving
dishonesty.
Note
VCAT also has power to revoke a supportive attorney
appointment, see Part 8.
110 Notification of revocation by operation of
section 109(4)
(1) If a supportive attorney appointment is revoked by
the operation of section 109(4), the supportive
attorney must take all reasonable steps to notify
the following people--
(a) the principal;
(b) any other supportive attorney;
(c) any alternative supportive attorney.
(2) A failure by the supportive attorney to give a
notification under this section does not affect the
validity of the revocation.
111 Resignation
A supportive attorney or an alternative supportive
attorney may resign from the appointment as a
supportive attorney or alternative supportive
attorney.
112 Form of resignation
The resignation of a supportive attorney or an
alternative supportive attorney under section 111
must be in the prescribed form.
Note
See section 53 of the Interpretation of Legislation Act
1984 for the effect of a form in or to the like effect of the
prescribed form.
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Part 7--Supportive Attorney Appointments
s. 113
113 Notification of resignation
(1) A person who resigns as supportive attorney or
alternative supportive attorney under section 111
must take all reasonable steps to inform the
following persons of the resignation--
(a) the principal;
(b) any other supportive attorney and alternative
supportive attorney.
(2) A failure by the supportive attorney or alternative
supportive attorney to give a notification under
this section does not affect the validity of the
resignation.
Division 6--Protection and relief from liability
114 Protection for supportive attorney or other person
who does not know appointment does not have effect
(1) A supportive attorney--
(a) who purports to exercise a power under the
supportive attorney appointment; and
(b) who does so in good faith and without
knowing the appointment does not have
effect--
is entitled to rely on the appointment as against
the principal and any other person, despite the fact
that the appointment does not have effect.
(2) A person--
(a) who acts in reliance on the purported
exercise by a supportive attorney of a power
under a supportive attorney appointment; and
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s. 114
(b) who acts in good faith and without knowing
the appointment does not have effect--
is entitled to rely on the purported exercise of the
power as against the principal and any other
person, despite the fact that the appointment does
not have effect.
(3) For the purpose of this section, a supportive
attorney appointment does not have effect if--
(a) the appointment is invalid; or
(b) the appointment is revoked; or
(c) the appointment does not have effect under
section 102.
(4) For the purpose of this section knowing that a
supportive attorney appointment does not have
effect includes the following--
(a) knowing of the happening of an event that
causes the appointment not to have effect;
(b) having reason to believe that the
appointment does not have effect.
__________________
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Powers of Attorney Act 2014
No. of 2014
Part 8--VCAT Jurisdiction
s. 115
PART 8--VCAT JURISDICTION
Division 1--Interpretation
115 Interpretation
In this Part--
VCAT Act means the Victorian Civil and
Administrative Tribunal Act 1998.
Division 2--VCAT hearing at first instance
116 Matters about which VCAT may make an order
(1) On application under Division 3, or on its own
initiative in any hearing before it, VCAT may
make an order about any one or more of the
following matters in relation to an enduring power
of attorney--
(a) any matter for or with respect to an attorney's
power under the enduring power of attorney
including the following--
(i) the scope of the power of attorney;
(ii) the exercise of the power of attorney;
(b) the effect of any failure to comply with the
method of execution of enduring powers of
attorney or of instruments of revocation of
enduring powers of attorney required by this
Act;
(c) the validity of the enduring power of
attorney;
(d) the validity of a transaction by an attorney
under the enduring power of attorney if
VCAT is satisfied there has been a failure to
comply with Part 6 or for any other reason;
(e) the lodgement with VCAT of accounts or
other documents relating to the exercise of
the enduring power of attorney over a
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Part 8--VCAT Jurisdiction
s. 116
specified period by the attorney responsible
under this Act for keeping them;
(f) the examination and auditing of accounts or
other documents relating to the exercise of
the enduring power of attorney over a
specified period, including--
(i) determining the person to be
responsible for examining or auditing
the accounts or other documents; and
(ii) whether the person responsible under
subparagraph (i) for carrying out the
examination or audit should be paid and
the amount of any such payment;
(g) giving a report on any examination and audit
conducted under an order under
paragraph (f) to--
(i) VCAT; and
(ii) the applicant or any other person
ordered by VCAT;
(h) any other matter VCAT considers necessary
in relation to the enduring power of attorney.
(2) On application under Division 3, or on its own
initiative in any hearing before it, VCAT may
make an order about any one or more of the
following matters in relation to a supportive
attorney appointment--
(a) the principal's decision making capacity for
the matters to which the supportive attorney
appointment applies, whether at the time the
appointment was made or any time after that,
and the effect of the principal not having
decision making capacity on the supportive
attorney appointment;
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(b) the effect on the supportive attorney
appointment of any failure to comply with a
requirement of this Act;
(c) whether the supportive attorney has failed to
comply with the terms of the appointment or
is exercising undue influence over the
principal;
(d) any other matter VCAT considers necessary
in relation to the supportive attorney
appointment.
Note
Under the VCAT Act VCAT has powers to give directions and
make declarations.
117 Considerations for failure to comply with execution
requirements
(1) Under section 116(1)(b) VCAT must not decide
that an enduring power of attorney is valid, even
though the requirements for execution of the
power of attorney under this Act were not
complied with, unless VCAT is satisfied that--
(a) the principal and attorney intended the
document to be an enduring power of
attorney; and
(b) at the time the document was signed, the
principal had decision making capacity in
relation to the making of the enduring power
of attorney; and
(c) the principal--
(i) signed the document freely and
voluntarily; or
(ii) freely and voluntarily directed the
person who signed the document for the
principal to do so, and was present
when the person signed the document.
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(2) Under section 116(1)(b) VCAT must not decide
that the revocation of an enduring power of
attorney is valid, even though the requirements for
execution of the revocation under this Act were
not complied with, unless VCAT is satisfied
that--
(a) the principal intended to revoke the enduring
power of attorney; and
(b) at the time the instrument of revocation
appeared to be signed, the principal had
decision making capacity in relation to
making the enduring power of attorney
giving the same power; and
(c) the principal--
(i) signed the instrument of revocation
freely and voluntarily; or
(ii) freely and voluntarily directed the
person who signed the instrument of
revocation for the principal to do so,
and was present when the person signed
the instrument of revocation.
118 Considerations for invalidity of enduring power of
attorney
Under section 116(1)(c) VCAT must not make an
order declaring that an enduring power of attorney
is invalid unless VCAT is satisfied that--
(a) the principal did not have decision making
capacity in relation to making the enduring
power of attorney at the time the enduring
power of attorney was made; or
(b) at the time the enduring power of attorney
was made it did not comply with the
requirements of the Act; or
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Part 8--VCAT Jurisdiction
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(c) dishonesty or undue influence was used on
the principal to make the enduring power of
attorney; or
(d) the enduring power of attorney was legally
invalid when entered into.
119 Effect of finding of invalidity on enduring power of
attorney
If VCAT makes an order declaring that an
enduring power of attorney is invalid under
section 116(1)(c), the enduring power of attorney
is void from its commencement.
120 Nature of VCAT orders
(1) In an order under section 116 in relation to an
enduring power of attorney, VCAT may do any
one or more of the following--
(a) revoke all or part of the enduring power of
attorney;
(b) revoke the appointment of an attorney under
the enduring power of attorney;
(c) vary the effect of the enduring power of
attorney;
(d) suspend the enduring power of attorney for a
specified period, either generally or as to a
specified matter;
(e) authorise or validate a transaction for the
purpose of section 65;
(f) make any other order it considers necessary
in relation to the enduring power of attorney;
(g) do any other thing that VCAT is required or
permitted to do by this Act.
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(2) Before making an order under subsection (1)(b) to
revoke the appointment of an attorney under an
enduring power of attorney VCAT must be
satisfied that--
(a) the attorney is not complying with provisions
of this Act that relate to enduring powers of
attorney; and
(b) the principal does not have decision making
capacity in relation to making an enduring
power of attorney giving the same power.
(3) In an order under section 116 in relation to a
supportive attorney appointment, VCAT may do
any one or more of the following--
(a) revoke the supportive attorney appointment
or the appointment of a supportive attorney
under the supportive attorney appointment;
(b) vary the effect of the supportive attorney
appointment;
(c) suspend the supportive attorney appointment
for a specified period, either generally or as
to a specified matter;
(d) make any other order it considers necessary
in relation to the supportive attorney
appointment.
121 Advisory opinions
The Tribunal may give an advisory opinion on
any matter relating to an enduring power of
attorney or a supportive attorney appointment
that is referred to it by a person referred to in
section 122(1)(a), (b), (c) or (e).
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Division 3--Application and procedure, VCAT hearing at
first instance
122 Who can apply for an order?
(1) A person may apply to VCAT for an order under
Division 2 as to an enduring power of attorney or
a supportive attorney appointment if the person
is--
(a) the principal; or
(b) for--
(i) an enduring power of attorney, any
attorney under the enduring power of
attorney; or
(ii) a supportive attorney appointment,
any supportive attorney under the
supportive attorney appointment; or
(c) the Public Advocate; or
(d) the nearest relative of the principal; or
(e) any other person whom VCAT is satisfied
has a special interest in the affairs of the
principal.
(2) To avoid doubt, nothing in this Act is to be taken
to prevent a person to whom subsection (1)
applies from applying to VCAT for an order under
Division 2 as to an enduring power of attorney, in
circumstances where more than one attorney has
been appointed under the enduring power of
attorney and it is impractical or impossible for the
attorneys under the enduring power of attorney to
exercise power in the manner required by the
enduring power of attorney or by this Act.
123 Who is entitled to notice?
(1) For an application for an order under Division 2,
each entitled person is a person who is entitled to
notice under section 72(1)(b) of the VCAT Act.
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Note
An applicant for a VCAT order must serve a copy of the
application on any person who is entitled to notice of the
application under the Act that gives the jurisdiction to
VCAT (in this case, this Act), see section 72(1) of the
VCAT Act.
(2) For the hearing of an application for an order
under Division 2, each entitled person is a person
who is entitled to notice under section 99(1)(b) of
the VCAT Act.
Note
The principal registrar of VCAT must give notice of the
time and place for the hearing of a proceeding dealing with
an application for a VCAT order to each person who is
entitled to that notice under the Act that gives the
jurisdiction to VCAT (in this case, this Act), see section
99(1) of the VCAT Act.
(3) For an order in a proceeding under the VCAT Act
hearing an application under Division 2, each
entitled person is a person who is entitled to notice
under section 116(2)(a) or (b) of that Act.
Note
The persons who must be given a copy of a VCAT order in
a proceeding dealing with an application for a VCAT order
include any person who is entitled to the copy under the Act
that gives the jurisdiction to VCAT (in this case, this Act),
see section 116(2) of the VCAT Act.
(4) In this section entitled person means each of the
the following--
(a) the principal;
(b) for--
(i) an enduring power of attorney, any
attorney under the enduring power of
attorney; or
(ii) a supportive attorney appointment, any
supportive attorney under the
supportive attorney appointment;
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(c) the applicant for the order, if the applicant is
not a person otherwise specified in this
definition;
(d) any other person whom VCAT determines
must be notified;
(e) those of the following whom VCAT so
determines--
(i) any guardian of the principal, within
the meaning of the Guardianship and
Administration Act 1986;
(ii) any alternative guardian of the
principal, appointed under section 35 of
the Guardianship and
Administration Act 1986;
(iii) any administrator of the principal,
within the meaning of the
Guardianship and Administration
Act 1986;
(iv) the primary carer of the principal,
within the meaning of the
Guardianship and Administration
Act 1986;
(v) any domestic partner of the principal;
(vi) the nearest relative of the principal;
(vii) the Public Advocate;
(viii) any other person.
124 Who are parties to the proceeding?
For a proceeding for the hearing of an application
under Division 2, the following persons are
specified for the purpose of section 59(1)(a)(iv) of
the VCAT Act--
(a) the principal;
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(b) for--
(i) an enduring power of attorney, any
attorney under the enduring power of
attorney; or
(ii) for a supportive attorney appointment,
any supportive attorney under the
supportive attorney appointment.
Note
The parties to a VCAT proceeding include the applicant and any
person who is specified by the Act that gives the jurisdiction to
VCAT (in this case, this Act), see section 59(1) of the VCAT Act.
Division 4--VCAT rehearing
125 Requirement to rehear
(1) On application under Division 5, VCAT must
rehear an application for an order under
Division 2 on which VCAT has made an order.
(2) In conducting a rehearing under this section
VCAT has all the functions and powers that
VCAT had for the matter at first instance.
126 Matter that cannot be subject of a rehearing
A person is not entitled to apply for a rehearing of
an application if--
(a) the order at first instance was to suspend an
enduring power of attorney or a supportive
attorney appointment; or
(b) the order at first instance was made by
VCAT constituted by the President, whether
with or without others; or
(c) the application was for a rehearing or leave
to apply for a rehearing.
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127 Powers of VCAT on rehearing
In determining a rehearing, VCAT may decide
to--
(a) affirm the order of VCAT at first instance; or
(b) vary the order of VCAT at first instance; or
(c) set aside the order of VCAT at first instance
and make another order in substitution for it.
128 Effect of, stay of first instance order pending
rehearing
(1) Subject to subsection (2), the making of an
application for a rehearing does not affect the
operation of any order to which the application
relates or prevent the taking of action to enforce
the order.
(2) VCAT may make an order staying the operation
of an order to which an application for rehearing
relates pending the determination of the rehearing
of the application.
129 Nature of rehearing
Subject to any contrary provision in this Division
or Division 5, the VCAT Act applies to a
rehearing under this Division as if it were a
hearing under that Act.
Division 5--Application and procedure, VCAT rehearing
130 Who can apply for a rehearing?
(1) A person may apply to VCAT for a rehearing
under Division 4--
(a) if the person was a party to the hearing of the
application at first instance; or
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(b) with the leave of VCAT, if the person was
given notice of the application but was not a
party to the hearing of the application at first
instance.
(2) Subsection (1)(b) does not apply to the Public
Advocate.
131 Who is entitled to notice of rehearing?
(1) For an application for a rehearing, each person
who was entitled to notice of the application for
the hearing at first instance is a person who is
entitled to notice under section 72(1)(b) of the
VCAT Act.
(2) For the hearing of an application for a rehearing,
each person who was entitled to notice of the
hearing at first instance is a person who is entitled
to notice under section 99(1)(b) of the VCAT Act.
(3) For an order in a proceeding under the VCAT Act
rehearing an application for an order under
Division 2, each person who was entitled to notice
of an order in the hearing at first instance is a
person who is entitled to notice under section
116(2)(b) of that Act.
132 Who are parties to the proceeding for the
rehearing?
For a proceeding for the rehearing of an
application under Division 2, each person who
was a party to the proceeding at first instance is
specified for the purpose of section 59(1)(a)(iv) of
the VCAT Act.
133 Time limit for making application
(1) An application for a rehearing or for leave to
apply for a rehearing must be made within 28 days
after the day of the order.
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(2) For the purpose of subsection (1), if VCAT gives
oral reasons for making an order and a party then
requests written reasons under section 117 of the
VCAT Act, the day on which the written reasons
are given to the party is taken to be the day of the
order.
Division 6--Effect on VCAT Act
134 Effect on VCAT Act
Except as provided for in this Part, nothing in this
Part is to be taken to affect the operation of the
VCAT Act.
__________________
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s. 135
PART 9--GENERAL
135 Offences as to enduring powers of attorney
(1) A person must not dishonestly obtain an enduring
power of attorney--
(a) to obtain financial advantage for the person
or another person; or
(b) to cause loss to the principal or another
person.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
(2) A person must not dishonestly obtain the
revocation of an enduring power of attorney--
(a) to obtain financial advantage for the person
or another person; or
(b) to cause loss to the principal or another
person.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
(3) An attorney under an enduring power of attorney
must not dishonestly use the enduring power of
attorney--
(a) to obtain financial advantage for the attorney
or another person; or
(b) to cause loss to the principal or another
person.
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Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
(4) In this section a reference to an enduring power of
attorney includes a reference to an enduring power
of attorney that is invalid or has been revoked.
Notes
1 The offences under this section are indictable offences that
may be heard summarily.
2 Section 137 applies to an offence against subsection (1), (2)
or (3).
136 Offences of dishonestly obtaining or using
supportive attorney appointment
(1) A person must not dishonestly obtain the
supportive attorney appointment--
(a) to obtain financial advantage for the person
or another person; or
(b) to cause loss to the principal or another
person.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both.
(2) A supportive attorney under a supportive attorney
appointment must not dishonestly use the
supportive attorney appointment--
(a) to obtain financial advantage for the
supportive attorney or another person; or
(b) to cause loss to the principal or another
person.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both.
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(3) In this section a reference to supportive attorney
appointment includes a reference to a supportive
attorney appointment that is invalid or has been
revoked.
Note
The offences under this section are indictable offences that may be
heard summarily.
137 Criminal liability of officers of bodies corporate--
failure to exercise due diligence
(1) If a body corporate commits an offence against a
provision of section 135(1), (2) or (3) an officer of
the body corporate also commits an offence
against the provision if the officer failed to
exercise due diligence to prevent the commission
of the offence by the body corporate.
(2) In determining whether an officer of a body
corporate failed to exercise due diligence, a court
may have regard to--
(a) what the officer knew, or ought reasonably
to have known, about the commission of the
offence by the body corporate; and
(b) whether or not the officer was in a position
to influence the body corporate in relation to
the commission of the offence by the body
corporate; and
(c) what steps the officer took, or could
reasonably have taken, to prevent the
commission of the offence by the body
corporate; and
(d) any other relevant matter.
(3) Without limiting any other defence available to
the officer, an officer of a body corporate may
rely on a defence that would be available to the
body corporate if it were charged with the offence
with which the officer is charged and, in doing so,
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the officer bears the same burden of proof that the
body corporate would bear.
(4) An officer of a body corporate may commit an
offence against section 135(1), (2) or (3) whether
or not the body corporate has been prosecuted for,
or found guilty of, an offence against that
provision.
(5) In this section--
body corporate has the same meaning as
corporation has in section 57A of the
Corporations Act;
officer, in relation to a body corporate, means--
(a) a person who is an officer (as defined
by section 9 of the Corporations Act) of
the body corporate; or
(b) a person (other than a person referred to
in paragraph (a)), by whatever name
called, who is concerned in, or takes
part in, the management of the body
corporate.
138 Recognition of enduring powers of attorney made in
other States and Territories
(1) If an enduring power of attorney is made in
another State or a Territory of the Commonwealth
and complies with the requirements of that other
State or Territory, then, to the extent the powers it
gives could validly have been given by an
enduring power of attorney made under this Act,
the enduring power of attorney is taken to be an
enduring power of attorney made under, and in
compliance with, this Act.
(2) This section applies to an enduring power of
attorney made in another State or a Territory of
the Commonwealth, whether made before or after
the commencement of this Act.
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(3) In this section, a reference to an enduring power
of attorney made in another State or a Territory of
the Commonwealth includes a reference to an
instrument in the nature of an enduring power of
attorney, whether or not described as an enduring
power of attorney.
139 Regulations
The Governor in Council may make regulations
for or with respect to--
(a) prescribing forms for the purposes of this
Act; and
(b) any other matter or thing that is authorised or
required to be prescribed or necessary to be
prescribed for the purposes of this Act.
__________________
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Part 10--Transitional and Consequential Provisions, Amendment of Other
s. 140
Acts
PART 10--TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS, AMENDMENT OF OTHER ACTS
Division 1--Transitional provisions
140 Definitions
In this Part--
old enduring power of attorney means an
enduring power of attorney, within the
meaning of Part XIA of the Instruments Act
1958 (as in force before the commencement
of section 144(2)), being an enduring power
of attorney in force immediately before that
commencement;
old enduring power of guardianship means an
appointment of a person as an enduring
guardian, made under Division 5A of Part 4
of the Guardianship and Administration
Act 1986 (as in force before the
commencement of section 145), being an
appointment in force immediately before that
commencement;
old non-enduring power of attorney means a
power of attorney, to which Part XI of the
Instruments Act 1958 (as in force before
the commencement of section 144(1))
applied, being a power of attorney in force
immediately before that commencement.
141 Transitional provision--non-enduring powers of
attorney
The amendments made to the Instruments Act
1958 by section 144(1) of this Act are not to be
taken to affect the validity of an old non-enduring
power of attorney and the law as in force under
the Instruments Act 1958 immediately before the
commencement of section 144(1) is taken to
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Acts
continue to have effect in relation to the old non-
enduring power of attorney.
142 Transitional provision--old enduring powers of
attorney
(1) The amendments made to the Instruments Act
1958 by section 144(2) of this Act are not to be
taken to affect the validity of an old enduring
power of attorney and, subject to subsection (2),
the law as in force under the Instruments Act
1958 immediately before the commencement of
section 144(2) is taken to continue to have effect
in relation to the old enduring power of attorney.
(2) The following provisions of this Act are taken to
apply to an old enduring power of attorney, as if it
were an enduring power of attorney made under
this Act--
(a) section 4;
(b) section 42;
(c) Divisions 2, 3 and 4 of Part 6;
(d) section 82;
(e) section 83;
(f) section 116(1)(a), (e), (f) and (g);
(g) Divisions 2, 3, 4 and 5 of Part 8, to the extent
that they relate to section 116(1)(a), (e), (f)
and (g).
(3) For the purpose of this section, a reference in any
Act to an enduring power of attorney made under
the Powers of Attorney Act 2014 includes a
reference to an old enduring power of attorney.
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143 Transitional provision--old enduring powers of
guardianship
(1) The amendments made to the Guardianship and
Administration Act 1986 by Division 2 are not to
be taken to affect the validity of an old enduring
power of guardianship and, subject to subsection
(2), the law as in force under the Guardianship
and Administration Act 1986, immediately
before the commencement of Division 2, is taken
to continue to have effect in relation to the old
enduring power of guardianship.
(2) The following provisions of this Act are taken to
apply to an old enduring power of guardianship,
as if it were an enduring power of attorney made
under this Act--
(a) section 4;
(b) section 42;
(c) Divisions 2, 3 and 4 of Part 6;
(d) section 82;
(e) section 83;
(f) section 116(1)(a), (e), (f) and (g);
(g) Divisions 2, 3, 4 and 5 of Part 8, to the extent
that they relate to section 116(1)(a), (e), (f)
and (g).
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Acts
Division 2--Amendment of the Instruments Act 1958 and
the Guardianship and Administration Act 1986
144 Amendment of the Instruments Act 1958
(1) Part XI of the Instruments Act 1958 is repealed. See:
Act No.
6279.
(2) Part XIA of the Instruments Act 1958 is Reprint No. 12
repealed. as at
21 August
2013 and
amending
Act No.
17/2014.
LawToday:
www.
legislation.
vic.gov.au
145 Repeal of Division 5A of Part 4 of the Guardianship
and Administration Act 1986
Division 5A of Part 4 of the Guardianship and See:
Act No.
Administration Act 1986 is repealed. 58/1986.
Reprint No. 8
as at
17 January
2013 and
amending
Act Nos
26/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
146 Repeal of sections 86 and 86A of the Guardianship
and Administration Act 1986
Sections 86 and 86A of the Guardianship and
Administration Act 1986 are repealed.
147 Repeal of Schedule 4 to the Guardianship and
Administration Act 1986
Schedule 4 to the Guardianship and
Administration Act 1986 is repealed.
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148 Amendment of the Guardianship and
Administration Act 1986
(1) In section 3(1) of the Guardianship and
Administration Act 1986, the definitions of
appointor and enduring guardian are repealed.
(2) In the definition of guardian in section 3(1) of the
Guardianship and Administration Act 1986--
(a) in paragraph (b), for "35; or" substitute
"35;";
(b) paragraph (c) is repealed.
(3) Section 4(1)(e) of the Guardianship and
Administration Act 1986 is repealed.
(4) For section 37(1)(d) of the Guardianship and
Administration Act 1986 substitute--
"(d) a person appointed by the patient as an
attorney under an enduring power of attorney
under the Powers of Attorney Act 2014
with power to make decisions in relation to
the proposed procedure or treatment;".
(5) In section 42N(6)(d) of the Guardianship and
Administration Act 1986, for "the enduring
guardian" substitute "the attorney under the
enduring power of attorney under the Powers of
Attorney Act 2014,".
(6) In section 42V(6)(d) of the Guardianship and
Administration Act 1986, for "the enduring
guardian" substitute "the attorney under the
enduring power of attorney under the Powers of
Attorney Act 2014,".
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Division 3--Amendment of other Acts
149 Amendment of the Crimes Act 1958
In the definition of trustee in section 175(1) of the
Crimes Act 1958, after "guardian under the
Guardianship and Administration Act 1986"
insert "or attorney under an enduring power of
attorney under the Powers of Attorney Act
2014".
150 Amendment of the Criminal Procedure Act 2009
Before item 22 of Schedule 2 to the Criminal
Procedure Act 2009 insert--
"21A Powers of Attorney Act 2014
21A.1 Offences under section 135(1), (2) or (3) of
the Powers of Attorney Act 2014.".
151 Amendment of the Disability Act 2006
(1) In the definition of resident's administrator in
section 3(1) of the Disability Act 2006, after
"enduring power of attorney" insert "under the
Powers of Attorney Act 2014".
(2) For the definition of resident's guardian in
section 3(1) of the Disability Act 2006
substitute--
"resident's guardian means--
(a) the resident's guardian--
(i) appointed under the
Guardianship and
Administration Act 1986; or
(ii) appointed by the court; or
(iii) if the resident is a child, the child's
guardian, whether or not the
natural parent of the child; or
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(b) the attorney of the resident appointed to
be responsible for personal matters
under an enduring power of attorney
under the Powers of Attorney Act
2014;".
(3) After section 39(4)(c) of the Disability Act 2006
insert--
"(ca) to a supportive attorney under a supportive
attorney appointment, within the meaning of
the Powers of Attorney Act 2014;".
152 Amendment of the Family Violence Protection
Act 2008
In the definition of guardian in section 4 of the
Family Violence Protection Act 2008--
(a) after "Guardianship and Administration
Act 1986" insert "or an attorney who has
power for personal matters under an
enduring power of attorney under the
Powers of Attorney Act 2014"; and
(b) in paragraph (a), after "under this Act" insert
"or under the enduring power of attorney".
153 Amendment of the Health Records Act 2001
(1) At the end of section 30 of the Health Records
Act 2001 insert--
"(2) In this section--
written authority includes a supportive
attorney appointment within the
meaning of the Powers of Attorney
Act 2014.".
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(2) For section 85(2)(a) of the Health Records Act
2001 substitute--
"(a) by--
(i) the individual personally, except if the
individual is a child who is incapable of
making the request; or
(ii) a supportive attorney acting under a
supportive attorney appointment, within
the meaning of the Powers of Attorney
Act 2014; and".
154 Amendment of the Human Services (Complex
Needs) Act 2009
For section 21(b) of the Human Services
(Complex Needs) Act 2009 substitute--
"(b) in the case of a person who is of or over
18 years of age and in respect of whom--
(i) a guardian has been appointed under
the Guardianship and
Administration Act 1986, to the
guardian; or
(ii) an attorney has been appointed to be
responsible for personal matters under
an enduring power of attorney under
the Powers of Attorney Act 2014, to
the attorney.".
155 Amendment of the Information Privacy Act 2000
For section 64(2)(a) of the Information Privacy
Act 2000 substitute--
"(a) by--
(i) the individual personally, except if the
individual is a child who is incapable of
making the request; or
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(ii) a supportive attorney acting under a
supportive attorney appointment, within
the meaning of the Powers of Attorney
Act 2014; and".
156 Amendment of the Medical Treatment Act 1988
In section 5A(4) of the Medical Treatment Act
1988, for "general power of attorney" substitute
"general non-enduring power of attorney (within
the meaning of the Powers of Attorney Act
2014)".
157 Amendment of the Melbourne Market Authority
Act 1977
Clause 6(2) of Part II of Schedule 1 to the
Melbourne Market Authority Act 1977 is
repealed.
158 Amendment of the Mental Health Act 2014
In section 75(1)(d) of the Mental Health Act
2014, for "as an enduring guardian within the
meaning of the Guardianship and
Administration Act 1986" substitute "as an
attorney under an enduring power of attorney
under the Powers of Attorney Act 2014".
159 Amendment of the Personal Safety Intervention
Orders Act 2010
In the definition of guardian in section 4 of the
Personal Safety Intervention Orders Act
2010--
(a) after "Guardianship and Administration
Act 1986" insert "or an attorney who has
power for personal matters under an
enduring power of attorney under the
Powers of Attorney Act 2014";
(b) in paragraph (a), after "under this Act" insert
"or under the enduring power of attorney".
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160 Amendment of the State Electricity Commission
Act 1958
Clause 6(2) of Part II of the Fifth Schedule to the
State Electricity Commission Act 1958 is
repealed.
161 Amendment of the Supported Residential Services
(Private Proprietors) Act 2010
(1) In paragraph (a) of the definition of resident's
administrator in section 3(1) of the Supported
Residential Services (Private Proprietors) Act
2010, after "an enduring power of attorney" insert
"under the Powers of Attorney Act 2014".
(2) For the definition of resident's guardian in
section 3(1) of the Supported Residential
Services (Private Proprietors) Act 2010
substitute--
"resident's guardian means--
(a) the resident's guardian appointed--
(i) under the Guardianship and
Administration Act 1986; or
(ii) by a court; or
(b) the resident's attorney appointed for
personal matters under an enduring
power of attorney under the Powers of
Attorney Act 2014;".
162 Amendment of the Transport Accident Act 1986
In the example at the foot of section 61D(1) of the
Transport Accident Act 1986, for "a general or"
substitute "a general non-enduring power of
attorney or an".
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Powers of Attorney Act 2014
No. of 2014
Part 10--Transitional and Consequential Provisions, Amendment of Other
s. 163
Acts
163 Amendment of the Trustee Act 1958
(1) In paragraph (c) of the proviso to section 35(2) of
the Trustee Act 1958, for "is filed under the
Instruments Act 1958" substitute "was filed
under the Instruments Act 1958 (as in force
before the commencement of the Instruments
(Powers of Attorney) Act 1980)".
(2) After section 35(2) of the Trustee Act 1958
insert--
"(3) For the purpose of subsection (2)--
"power of attorney means a power of
attorney that was made and registered
under the Instruments Act 1958 as in
force before the commencement of the
Instruments (Powers of Attorney)
Act 1980.".
164 Repeal of Part 12 of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
Part 12 of Schedule 1 to the Victorian Civil and
Administrative Tribunal Act 1998 is repealed.
165 New Part 15AD inserted in Schedule 1 to the
Victorian Civil and Administrative Tribunal Act
1998
After Part 15AC of Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"PART 15AD--POWERS OF ATTORNEY
ACT 2014
51AF Constitution of Tribunal for proceedings
The Tribunal is to be constituted for the
purposes of a rehearing under Division 4 of
Part 8 of the Powers of Attorney Act 2014
by--
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Powers of Attorney Act 2014
No. of 2014
Part 10--Transitional and Consequential Provisions, Amendment of Other
s. 165
Acts
(a) a senior member or presidential
member, if the order at first instance
was made by the Tribunal constituted
by an ordinary member;
(b) a presidential member, if the order at
first instance was made by the Tribunal
constituted by a senior member;
(c) a judicial member, if the order at first
instance was made by the Tribunal
constituted by a Deputy President;
(d) a Vice President, if the order at first
instance was made by the Tribunal
constituted by more than one member
(except where one or more of the
members was a Vice President);
(e) the President, if the order at first
instance was made by the Tribunal
constituted by a Vice President
(whether with or without others).
51AG Public Advocate may intervene or be
joined
The Public Advocate--
(a) may intervene at any time; and
(b) is entitled to be joined as a party--
in a proceeding under Part 8 of the Powers
of Attorney Act 2014.
51AH Referral to administrators for report
(1) The Tribunal may refer any matter relating to
a proceeding under Part 8 of the Powers of
Attorney Act 2014 to a government
department, public authority, service
provider, the Public Advocate or a guardian
or administrator appointed under that Act for
investigation and report.
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Powers of Attorney Act 2014
No. of 2014
Part 10--Transitional and Consequential Provisions, Amendment of Other
s. 165
Acts
(2) A person or body to whom a matter is
referred under this clause must investigate
and report to the Tribunal on that matter.
(3) The Tribunal must not determine a question
referred to a person or body under this clause
unless the Tribunal has received and
considered the report of the person or body.
51AI Proceeding not invalidated by failure to
give notice
A hearing or order of the Tribunal in a
proceeding under Part 8 of the Powers of
Attorney Act 2014 is not invalidated or
affected only because of a failure to give
notice--
(a) to a person in respect of whom an
application has been made, if the
Tribunal--
(i) has dispensed with the
requirement for notice to be given
to that person; and
(ii) has notified the Public Advocate
that it has done so; or
(b) to any other person.
51AJ Confidentiality of proceedings
(1) Unless the Tribunal orders otherwise, a
person must not publish or broadcast or
cause to be published or broadcast any report
of a proceeding under Part 8 of the Powers
of Attorney Act 2014 that identifies, or
could reasonably lead to the identification of,
a party to the proceeding.
Penalty: 20 penalty units.
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Powers of Attorney Act 2014
No. of 2014
Part 10--Transitional and Consequential Provisions, Amendment of Other
s. 165
Acts
(2) The Tribunal may make an order under
subclause (1) only if it considers that it
would be in the public interest to do so.
(3) An order of the Tribunal under subclause (1)
must specify that pictures are not to be taken
of any party to the proceeding.".
__________________
113
Powers of Attorney Act 2014
No. of 2014
Sch.
SCHEDULE
SCHEDULE
Section 7
FORM OF GENERAL NON-ENDURING POWER OF
ATTORNEY
This general non-enduring power of attorney is made under Part 2 of the
Powers of Attorney Act 2014 and has effect as a deed.
This general non-enduring power of attorney is made on:
(insert date of making)
I, (insert name of person making power of attorney)
of (insert address of person making power of attorney)
appoint (insert name of attorney, or attorneys if appointing more than one)
of (insert address(es) of attorney(s))
(include one of the following options)
to be my attorney
(or)
jointly to be my attorneys
(or)
jointly and severally to be my attorneys
(If appointing alternative attorney(s) include the following)
and I appoint (insert name of alternative attorney or alternative attorneys if
appointing more than one)
of (insert address(es) of alternative attorney(s))
as alternative attorney for:
(insert name of attorney in respect of whom alternative attorney is appointed)
(If more than one alternative attorney is being appointed insert their names
and addresses and the name of the attorney(s) for whom they are being
appointed)
I authorise my attorney(s) to do on my behalf anything that I may lawfully
authorise an attorney to do.
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Powers of Attorney Act 2014
No. of 2014
Sch.
I specify that this power of attorney begins:
(Choose one option only, if no option is chosen the power begins
immediately)
immediately
on this date: (insert date)
on this occasion: (insert occasion)
Signed as a deed by:
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Powers of Attorney Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to
consolidate certain aspects of the law as to powers of attorney and to
otherwise provide for powers of attorney, to provide for matters to do
with supportive attorneys, to repeal Parts XI and XIA of the Instruments
Act 1958 and Division 5A of Part 4 of the Guardianship and
Administration Act 1986, to make related amendments to those and
other Acts and for other purposes."
116
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