Victorian Current Acts

RETIREMENT VILLAGES ACT 1986 - SECT 38C

    (1)     The manager of a retirement village must not—

        (a)     require a resident of the retirement village to give the manager a power of attorney in favour of the manager; or

        (b)     accept a power of attorney given in favour of the manager by a resident of the retirement village.

Penalty:     60 penalty units.

    (2)     The manager of a retirement village must not require a resident of the retirement village to give a power of attorney in favour of—

        (a)     a close associate of the manager; or

        (b)     a person nominated by the manager.

Penalty:     60 penalty units

    (3)     A person who—

        (a)     is a close associate of the manager of a retirement village; or

        (b)     is nominated by a manager of a retirement village to accept a power of attorney from a resident of the village—

must not accept a power of attorney given in favour of that person by a resident of the retirement village.

Penalty:     60 penalty units.

    (4)     A power of attorney given in favour of a manager of a retirement village (or a close associate of the manager or a person nominated by the manager) by a resident of the retirement village is void.

    (5)     Subsections (1)(b), (3) and (4) do not apply if the resident who gives the power of attorney is a relative of the manager, close associate or nominated person (as the case requires).

    (6)     This section does not apply to any power of attorney that is of a prescribed class of powers of attorney.

    (7)     This section has effect despite any term of the power of attorney.

S. 38D inserted by No. 4/2005 s. 16.