Western Australian Current Acts

GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 104A

104A .         Recognition of powers of attorney created in other jurisdictions

        (1)         The donee of a power of attorney created under the laws of another State, Territory or country may apply to the State Administrative Tribunal for an order recognising that power of attorney as an enduring power of attorney for the purposes of this Part.

        (2)         Where the State Administrative Tribunal is satisfied, on an application made under subsection (1), that —

            (a)         a power of attorney created under the laws of another State, Territory or country corresponds sufficiently, in form and effect, to a power of attorney created under section 104; and

            (b)         it is appropriate to do so,

                the Tribunal may make an order recognising that power of attorney as an enduring power of attorney for the purposes of this Part.

        (3)         Section 41(1) and (3) apply, with all necessary changes, to an application under subsection (1) as if it were an application for an administration order.

        (4)         The State Administrative Tribunal may at any time on the application of a person who in the opinion of the Tribunal has a proper interest in the matter revoke an order made under subsection (2).

        [Section 104A inserted: No. 7 of 1996 s. 3; amended: No. 55 of 2004 s. 452 and 466.]