Long title
Part 1 Preliminary
1 Name of Act
2 Commencement
3 Definitions
4 When is a person incommunicate?
5 Vacancy in office of attorney
6 Application of Act
7 Application of general law to powers of attorney
Part 2 Prescribed powers of attorney
8 Creation of prescribed power of attorney
9 Powers conferred by prescribed power of attorney
10 Prescribed power of attorney does not confer authority to act as trustee
11 Prescribed power of attorney does not generally confer authority to give gifts
12 Prescribed power of attorney does not generally confer authority to confer benefits on attorneys
13 Prescribed power of attorney does not generally confer authority to confer benefits on third parties
14 Regulations may amend Schedules 2 and 3
Part 3 Irrevocable powers of attorney
15 Irrevocable powers of attorney
16 Effect of irrevocable powers of attorney
Part 4 Incapacity and enduring powers of attorney
Division 1 Initial and supervening mental incapacity
17 Initial mental incapacity
18 Supervening mental incapacity does not affect validity of acts principal understands
Division 2 Enduring powers of attorney
19 Creation of enduring power of attorney
20 Enduring power of attorney does not confer authority until attorney accepts appointment
21 Effect of enduring power of attorney
22 Effect of ademptions of testamentary gifts by attorney under enduring power of attorney
23 Supreme Court may make orders confirming or varying operation of section 22
24 Effect of disposal of home shared by spouses under enduring power of attorney in cases of intestacy
25 Recognition of enduring powers of attorney made in other States and Territories
Part 5 Review of powers of attorney
Division 1 General
26 Review tribunals
27 Concurrent jurisdiction of review tribunals
Division 2 Termination of irrevocable powers of attorney
28 Supreme Court may order the termination of irrevocable power of attorney
Division 3 Confirmation of powers conferred when principal mentally incapacitated
29 Supreme Court may make orders confirming powers understood by principal
30 Supreme Court may make orders confirming powers subsequently affirmed by principal
31 Supreme Court may make orders confirming powers in best interests of principal
32 Effect of orders made by Supreme Court under this Division
Division 4 Review of enduring powers of attorney and other powers
33 Reviewable powers of attorney
34 Referral of application to different review tribunal
35 Who are interested persons and parties in relation to applications
36 Interested persons may apply for review
37 Review tribunal may treat certain applications for review of power of attorney as application for management order
38 Advice or directions concerning reviewable powers of attorney
Division 5 Reference of questions of law
39 References of questions of law to Supreme Court by Guardianship Tribunal
Division 6 Appeals from decisions of Guardianship Tribunal
40 Appeals to the Supreme Court
41 Appeals to ADT
Division 7 Procedure in relation to incommunicate principals
42 Procedure where principal incommunicate
Part 6 Powers of attorney generally
Division 1 General provisions
43 Attorney may execute instruments and do other things in own name
44 Proof of powers of attorney
45 Delegation of power of attorney
Division 2 Termination and suspension of powers of attorney
46 Effect of vacation of office of joint and several attorneys
47 Attorney entitled to rely on power of attorney if unaware of termination or suspension of power
48 Certain third parties entitled to rely on acts done under terminated or suspended powers of attorney
49 Attorney acting with knowledge of termination or suspension of power
50 Effect of management of estate
Division 3 Registration of powers of attorney
51 Powers of attorney may be registered
52 Powers of attorney to be registered for dealings affecting land
Part 7 Miscellaneous
53 Regulations
54 Nature of proceedings for offences
55 (Repealed)
56 Savings, transitional and other provisions
57 Review of Act
Schedule 1 Repealed provisions of Conveyancing Act 1919 with continuing operation
Schedule 2 Form for prescribed power of attorney
Schedule 3 Prescribed expressions and authorisations for prescribed powers of attorney
Schedule 4 (Repealed)
Schedule 5 Savings, transitional and other provisions
Historical notes