Australian Capital Territory Repealed Acts

This legislation has been repealed.

POWERS OF ATTORNEY ACT 1956 (REPEALED) - SECT 7

    (1)     Where a power of attorney is, in the instrument creating the power of attorney, expressed to be irrevocable for a fixed period specified in the instrument, being a period not exceeding 2 years from the date of the instrument, then, in favour of a person dealing with the donee under the power of attorney for valuable consideration—

        (a)     the power of attorney shall be deemed not to be revoked by the death, mental incapacity or bankruptcy of the donor of the power of attorney, or by anything done by the donor without the concurrence of the donee, before the expiration of the fixed period; and

        (b)     an act done before the expiration of the fixed period in pursuance of the power of attorney is as effectual in law as if the death, mental incapacity or bankruptcy of the donor had not happened and as if anything done by the donor without the concurrence of the donee had not been done; and

        (c)     the donee or the person shall not at any time be prejudicially affected by notice, either before or after the expiration of the fixed period, of the death, mental incapacity or bankruptcy of the donor during the fixed period or of anything done by the donor during the fixed period without the concurrence of the donee.

    (2)     This section applies to a power of attorney created by an instrument, whether executed in or out of the Territory, whether given for valuable consideration or not and whether executed before or after the commencement of this Act.