Australian Capital Territory
Powers of Attorney Regulation 2007
Subordinate Law SL2007-8

The Australian Capital Territory Executive makes the following regulation under the Powers of Attorney Act 2006.
Dated 2 May 2007.
Simon Corbell
Minister
John Hargreaves
Minister

Australian Capital Territory
Powers of Attorney Regulation 2007
Subordinate Law SL2007-8
made under the
Powers of Attorney Act 2006

    

1	Name of regulation
This regulation is the Powers of Attorney Regulation 2007.
2	Commencement
This regulation commences on 30 May 2007.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Modification of Act, ch 20—Act, s 156
The Act, chapter 20 (Transitional provisions) is modified by schedule 1.

Schedule 1	Modification of Act, ch 20 (Transitional provisions)
(see s 3)
[1.1]	New sections 156A to 156M
insert
156A	Meaning of health care matter
Section 12 applies as if example 2 were omitted.
156B	Authorisation of attorneys
Section 13 heading applies as if it read as follows:
‘13	Appointment of attorneys’.
156C	Authorisation of attorneys
Section 13 applies as if ‘authorise’ were omitted and ‘appoint’ were substituted.
156D	Authorisation of attorneys by name or position
Section 15 applies as if it read as follows:
‘15	Appointment of attorneys by name or position
A principal may appoint a person to act under a power of attorney by—
	(a)	naming the person; or
	(b)	nominating the occupant of a position (however described), at a particular time or from time to time.
Note	The principal may revoke a power of attorney if the principal has decision-making capacity.’.
156E	Who can be a witness?
Section 21 (1) and (2) apply as if ‘authorised’ were omitted and ‘appointed’ substituted.
156F	Certificates by witnesses to powers of attorney
Section 22 (2) (d) applies as if it read as follows:
	‘(d)	at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.’.
156G	Appointment of 2 or more attorneys
Part 3.3 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.
156H	Appointment of 2 or more attorneys under power of attorney
Section 25 heading applies as if ‘Appointment’ were omitted and ‘Authorisation’ substituted.
156I	How does enduring power of attorney operate while principal has capacity?
Section 31 (2) applies as if it read as follows:
	‘(2)	While the principal has decision-making capacity, the power of attorney operates as a general power of attorney in relation to property matters.’.
156J	Obligation of attorneys to keep interested people informed
Section 43 (1) applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.
156K	Resignation of attorney’s authorisation under power of attorney
Section 53 applies as if ‘authorisation’ were omitted and ‘appointment’ were substituted.
156L	Public trustee to assist if asked
Section 83 heading applies as if it read as follows:
‘83	Assistance by public trustee’.
156M	Public trustee to assist if asked
Section 83 (3) applies as if it read as follows:
	‘(3)	The public trustee may, if asked by the public advocate, assist the public advocate by examining and reporting on the books, accounts or other records of transactions carried out by an attorney for the principal under the enduring power of attorney.’.

Endnotes
1	Notification
	Notified under the Legislation Act on 3 May 2007.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2007