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POWERS OF ATTORNEY ACT 1998 - SECT 32
Enduring powers of attorney
32 Enduring powers of attorney
(1) By an
"enduring power of attorney" , an adult (
"principal" ) may— (a) authorise 1 or more other persons who are
eligible attorneys (
"attorneys" ) to do anything in relation to 1 or more financial matters or
personal matters for the principal that the principal could lawfully do by an
attorney if the adult had capacity for the matter when the power is exercised;
and Note—
"personal matters" includes health matters but does not include special
personal matters or special health matters— schedule 2 , section 2 .
(b)
provide terms or information about exercising the power.
(2) An
enduring power of attorney giving power for a matter is not revoked by the
principal becoming a person with impaired capacity for the matter. Note— An
enduring power of attorney made under the Property Law Act 1974 and of force
and effect before the commencement of section 163 is taken to be an
enduring power of attorney made under this Act†” section 163 .
(3) To
remove any doubt, it is declared that an enduring power of attorney may be
made by an adult principal who is outside the State.
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