Australian Capital Territory Current Acts

POWERS OF ATTORNEY ACT 2006

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

CHAPTER 2--GENERAL OVERVIEW AND IMPORTANT CONCEPTS

   6.      Principal and attorney  
   7.      What is a general power of attorney?  
   8.      What is an enduring power of attorney?  
   9.      What are decision-making capacity and impaired decision-making  
   10.     Meaning of property matter  
   11.     Meaning of personal care matter  
   12.     Meaning of health care matter  
   12A.    Meaning of medical research matter  

CHAPTER 3--HOW TO APPOINT AN ATTORNEY

   PART 3.1--WHAT THE PRINCIPAL NEEDS TO DO

   13.     Appointment of attorneys  
   14.     Limit on s 13 power to appoint attorneys—enduring powers of  
   15.     Appointment of attorneys by name or position  
   16.     When and how power under power of attorney exercisable  
   17.     Understanding nature and effect of making powers of attorney  
   18.     Presumption that principal understands nature and effect of making power of  

   PART 3.2--TECHNICAL REQUIREMENTS

   19.     Formal requirements for powers of attorney  
   20.     Who can sign for the principal?  
   21.     Who can be a witness?  
   22.     Certificates by witnesses to powers of attorney  
   23.     Enduring power of attorney ineffective for attorney unless accepted  
   24.     Powers of attorney may be made outside ACT  

   PART 3.3--AUTHORISATION OF 2 OR MORE ATTORNEYS

   25.     Authorisation of 2 or more attorneys under power of attorney  
   26.     Multiple attorneys usually joint  
   27.     If multiple attorneys cannot exercise power unanimously  
   28.     Effect of joint attorney not accepting enduring power of attorney  

CHAPTER 4--OPERATION OF POWERS OF ATTORNEY

   PART 4.1--OPERATION OF POWERS OF ATTORNEY GENERALLY

   29.     Powers of attorney are deeds  
   30.     Principal may act despite giving power of attorney  
   31.     How does enduring power of attorney operate while principal has  

   PART 4.2--OPERATION OF ENDURING POWERS OF ATTORNEY

   32.     Enduring power of attorney—principal's impaired decision-making  

   PART 4.3--THINGS ATTORNEYS CAN AND CANNOT DO

           Division 4.3.1--Things attorneys can and cannot do generally

   33.     Others acting for attorney  
   34.     Powers of attorney do not generally give authority to benefit  
   35.     Things that cannot be lawfully done by attorneys  
   36.     Special personal matters  
   37.     Special health care matters  

           Division 4.3.2--Things attorneys can and cannot do under enduring powers of attorney

   38.     Enduring powers of attorney do not generally give authority to make  
   39.     Express general authority to make gifts in enduring powers of  
   40.     Express general authority to provide for reasonable living expenses in enduring powers  
   41.     Powers to maintain principal's dependants—enduring powers of  
           CIRCUMSTANCES.PART 4.3A--MEDICAL RESEARCH MATTERS
   41A.    Definitions—pt 4.3A  
   41B.    Attorney must follow decision-making principles  
   41C.    Attorney may consent to principal's participation in low-risk  
   41D.    Attorney may consent to principal's participation in medical  
   41E.    Attorney must not benefit etc from attorney's decision  
   41F.    Assessment of likelihood of principal regaining decision-making  
   41G.    Interested person may apply to ACAT for review of attorney's  

   PART 4.4--OBLIGATIONS OF ATTORNEYS AND OTHERS

           Division 4.4.1--Obligations of all attorneys

   42.     Conflict transactions  
   43.     Obligation of attorneys to keep interested people informed  

           Division 4.4.2--Obligations of attorneys under enduring power of attorney—principal with impaired decision-making capacity

   44.     Principles for attorneys under enduring powers of attorney  
   45.     Right of attorneys to information—enduring powers of  
   46.     Conditions on exercise of power in relation to medical treatment—enduring powers of  
   46A.    Restrictions on consent by attorney to mental health treatment, care or  
   47.     Keeping records—enduring powers of attorney  
   48.     Keeping property separate—enduring powers of attorney  

           Division 4.4.3--Obligations in relation to health care

   49.     Obligations on health care facilities in relation to powers of attorney  

   PART 4.5--IF ATTORNEYS DO NOT COMPLY WITH ACT

   50.     Compensation for failure to comply with Act—Supreme Court order  
   50A.    ACAT may order compensation etc  
   51.     Compensation under s 50 and later civil proceeding  
   52.     Relief from personal liability  

CHAPTER 5--ENDING POWERS OF ATTORNEY

   53.     Resignation of attorney's appointment under power of attorney  
   54.     No irrevocable powers of attorney  
   55.     Advice of revocation of power of attorney  
   56.     Revocation of power of attorney according to its terms  
   57.     Principal's impaired decision-making capacity—general power of  
   58.     Enduring power of attorney sometimes revoked by marriage, civil union or civil  
   59.     Enduring power of attorney sometimes revoked by end of marriage, civil union or civil  
   60.     Death of principal for power of attorney  
   61.     Death of attorney under power of attorney  
   62.     Effect of bankruptcy of individual attorney  
   63.     Attorney's impaired decision-making capacity for power of attorney  
   64.     Effect of winding up etc of corporate attorney  
   65.     Multiple attorneys with separate powers—effect of revocation of powers of some  
   66.     Joint general power of attorney—effect of revocation of powers of some  
   67.     Joint enduring power of attorney—effect of revocation of powers of  
   68.     Power of attorney revoked in relation to each attorney  
   69.     Revocation by later power of attorney  

CHAPTER 6--PROTECTION AND RELIEF FROM LIABILITY

   70.     Definitions—ch 6  
   71.     Protection if court or ACAT orders etc  
   72.     Protection for attorney if unaware of invalidity  
   73.     Protection for transaction if dealing with attorney and unaware of  

CHAPTER 7--PROCEEDINGS AND RIGHTS

   PART 7.1--INTERPRETATION--CH 7

   74.     Meaning of interested person—ch 7  

   PART 7.2--ACAT REFERRAL

   75.     ACAT may refer matter to Supreme Court  

   PART 7.3--SUPREME COURT ORDERS

   80.     Supreme Court—confirming powers understood by principal  
   81.     Supreme Court—confirming powers subsequently affirmed by  
   82.     Effect of pt 7.3 orders on future acts  

   PART 7.4--OTHER PROCEEDINGS AND RIGHTS

   83.     Assistance by public trustee and guardian  
   84.     Access to principal  
   85.     Attorney's health care, medical research or low-risk research decision not in  
   86.     Adequate pain relief  
   87.     Medical certificate about impaired decision-making capacity  

CHAPTER 8--INTERSTATE DOCUMENTS EQUIVALENT TO POWERS OF ATTORNEY

   88.     Recognition of general powers of attorney made under other laws  
   89.     Recognition of enduring powers of attorney made under other laws  

CHAPTER 9--MISCELLANEOUS

   90.     Dishonestly inducing making etc of power of attorney  
   91.     Things that do not indicate impaired decision-making capacity  
   92.     Application of Act to powers of attorney  
   93.     Powers of attorney forms under Powers of Attorney Act 1956  
   94.     Powers of attorney to consent to body part donations etc under Powers of Attorney Act  
   95.     Powers of attorney made under Medical Treatment Act 1994  
   96.     Approved forms  
   97.     Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES