Australian Capital Territory Repealed Acts

This legislation has been repealed.

POWERS OF ATTORNEY ACT 1956 (REPEALED) - SECT 12

    (1)     Where—

        (a)     part A of an instrument in or to the effect of the form of enduring power of attorney in schedule 1, form 2 is completed and is signed by the donor or by another person in the presence of and by the direction of the donor, as indicated in the form; and

        (b)     that signature is witnessed by 2 persons, neither of whom is the donee of the power or a relative of the donee or the donor; and

        (c)     the donee signs part D of the instrument to indicate acceptance; and

        (d)     the donee has attained the age of 18 years;

the instrument creates a power of attorney which is an enduring power of attorney.

    (2)     An instrument does not fail to create an enduring power of attorney by reason only that parts B and C of the form in schedule 1 are not reproduced in that instrument, so long as the instrument bears a notation that those parts have been omitted with the consent of both donor and donee.

    (3)     An enduring power of attorney does not lapse by reason only of the incapacity of the donor.