South Australian Current Acts South Australian Current Acts14—Recognition of enduring powers of attorney made in other States and
Territories
(1) An interstate
enduring power of attorney has effect in this State as if it were an enduring
power of attorney made under, and in compliance with, this Act, but only
insofar as the powers it gives under the law of the State or Territory in
which it was made could validly have been given by an enduring power of
attorney made under this Act.
(2) An
interstate enduring power of attorney to which subsection (1)
applies—
(a) has
effect in this State subject to any limitations on the power that apply to it
under the law of the State or Territory in which it was made; and
(b) does
not operate to confer any power on an attorney in this State that cannot be
conferred on an attorney under an enduring power of attorney made in this
State.
(3)
Subsection (1) does not apply to a power of attorney of a kind prescribed
by regulation.
(4) In any proceedings
relating to a power of attorney, a document signed by a
qualified interstate legal practitioner that certifies that an interstate
enduring power of attorney was made in accordance with the formal requirements
of the law of the State or Territory in which it was made is admissible in
evidence in such proceedings and constitutes, in the absence of proof to the
contrary, proof of the matters so certified.
(5) In this
section—
"interstate enduring power of attorney" means a power of attorney made in
another State or a Territory that, under the law of that State or Territory,
has effect in that State or Territory as a valid power of attorney even if the
donor of the power of attorney loses capacity through mental incapacity after
the execution of the instrument creating the power of attorney;
"qualified interstate legal practitioner", in relation to an
interstate enduring power of attorney, means a person—
(a) who
has been admitted to legal practice in the State or Territory in which the
power of attorney was made; and
(b) who
holds a certificate or other form of authorisation that confers an authority
to practise in that State or Territory that corresponds to the authority
conferred by a practising certificate issued under Part 3 of the
Legal Practitioners Act 1981 ; and
(c) who
practises in that State or Territory.