Victorian Current Acts

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POWERS OF ATTORNEY ACT 2014 - SECT 93

Appointment of alternative supportive attorneys

S. 93(1) substituted by No. 64/2016 s. 11.

    (1)     Subject to subsection (1A), a principal under a supportive attorney appointment may appoint—

        (a)     one or more persons as alternative supportive attorneys for a supportive attorney appointed under the appointment; or

        (b)     a person as an alternative supportive attorney in respect of more than one supportive attorney appointed under the appointment.

S. 93(1A) inserted by No. 64/2016 s. 11.

    (1A)     A principal must not appoint a person under subsection (1) unless the person is eligible to be appointed as a supportive attorney under section 91.

    (2)     An alternative supportive attorney is authorised to act under the supportive attorney appointment

        (a)     in the circumstances specified in the appointment; or

        (b)     if no circumstances are specified in the appointment—

              (i)     if the supportive attorney for whom the alternative supportive attorney is appointed—

    (A)     dies; or

    (B)     does not have the decision making capacity for the matters to which the appointment applies; or

    (C)     is otherwise not willing or able to act; or

              (ii)     if the appointment of the supportive attorney for whom the alternative supportive attorney is appointed is revoked by the operation of section 109(4).

    (3)     The provisions of this Act that relate to supportive attorneys apply to an alternative supportive attorney appointed under a supportive attorney appointment, when the alternative supportive attorney is acting under the appointment, in the same way that they apply to any supportive attorney appointed under the appointment.

Division 4—Making an appointment



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