Powers of Attorney Act 2003 No 53
11 Prescribed power of attorney does not generally confer
authority to give gifts
(1) A prescribed power of attorney does not authorise an attorney to
give a gift of all or any property of the principal to any other person unless
the instrument creating the power expressly authorises the giving of the
Note. This subsection restates a rule of the general law. Accordingly,
whether a gift of all or any of the property of a principal is expressly
authorised by a prescribed power of attorney is to be determined by reference
to the general principles and rules of the common law and equity concerning
the interpretation of powers of attorney.
(2) Without limiting subsection (1), a prescribed power of attorney
that includes the prescribed expression for the purposes of this subsection
set out in Schedule 3 authorises an attorney to give the kinds of gifts that
are specified by that Schedule for that expression.