Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An enduring power of attorney giving power in relation to a matter is not revoked by the principal becoming a person with impaired decision-making capacity, either generally or in relation to the matter.
(2) Also, a power under an enduring power of attorney can be exercised—
(a) while the principal has impaired decision-making capacity; and
(b) whether or not a condition about when the power is to start to operate is satisfied.
Example
An enduring power of attorney appointing Jack is stated to take effect on 3 January 2007. However, the principal becomes a person with impaired decision-making capacity on 27 October 2006. Jack can exercise a power under the enduring power of attorney starting on 27 October 2006.
Note A medical certificate can be evidence that the principal
had, or did not have, impaired decision-making capacity (see s 87).