Australian Capital Territory
Powers of Attorney Act 1956
A1956-17
Republication No 1A
Effective:  1 October 1993 – 31 October 1994
Republication date: 21 May 2009
Last amendment made by A1993-64

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Power of Attorney Act 1956 effective 1 October 1993 to 31 October 1994.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page 

Australian Capital Territory
powers of attorney act 1956
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Application of Act
	3AA.	General powers of attorney
	3AB.	Several donees
	3AC.	Scope of authority of attorney
	3AD.	Operation as deed
	3A.	Capacity to execute power of attorney
	4.	Execution under power of attorney
	5.	Power of attorney to continue in force until death or revocation
	6.	Irrevocable power of attorney for value
	7.	Power of attorney irrevocable for fixed period
	8.	Protection of purchaser under irrevocable power of attorney
	11.	Effect of registration of powers of attorney
	12.	Enduring powers of attorney
	13.	Guardianship and consent to medical treatment under enduring power of attorney
	13A.	Medical certificate as to incapacity
	14.	Exercise of powers under enduring powers of attorney
	15.	Relief for breach of duty—enduring powers of attorney
	16.	Production of accounts—enduring powers of attorney
	17.	Other powers of court—enduring powers of attorney
	18.	Relationship between enduring powers of attorney and guardianship and management orders
Schedule 
forms

Australian Capital Territory

powers of attorney act 1956
An Act relating to Powers of Attorney
Short title
1.  This Act may be cited as the Powers of Attorney Act 1956.1
Interpretation
2.  (1)  In this Act, unless the contrary intention appears—
“attorney” includes sub-attorney;
“bankruptcy” includes an act or proceeding in law having, under a law in force in the Territory, effects or results similar to the effect or result of bankruptcy and, in relation to a body corporate, includes the winding up of the body under a law in force in the Territory;
“Court” means the Magistrates Court or the Supreme Court;
“donee” in relation to a power of attorney, means the person who is appointed to be the attorney of another person by virtue of the power of attorney;
“donor”, in relation to a power of attorney, means the person, who, by the power of attorney, appoints another person to be his attorney;
“enduring power of attorney” means an instrument created in accordance with subsection 12 (1);
“general power of attorney” includes an instrument created in accordance with section 3AA;

“power of attorney” means a general power of attorney or an enduring power of attorney and includes an authorized substitution of attorney and an authorized delegation to, or appointment of, sub-attorney; 
“relative”, in relation to a person, means—
	(a)	a person related by blood, adoption or marriage to the first-mentioned person; or
	(b)	a person of the opposite sex to the first-mentioned person who lives with that person as his or her spouse on a bona fide domestic basis, although not legally married to him or her;
“Tribunal” means the Guardianship and Management of Property Tribunal;
“trustee company” means a trustee company within the meaning of the Trustee Companies Act 1947. 
(2)  In this Act, a reference to the donee under a power of attorney shall, in relation to a power of attorney by which 2 or more donees are appointed, be read as a reference to each of those donees.
(3)  A reference in a power of attorney, whether created before or after the commencement of this subsection, to property shall, unless the contrary intention appears in the instrument creating the power, be read as a reference to real and personal property.
Application of Act
3.  This Act extends to all powers of attorney, including powers of attorney authorizing, whether expressly or in general terms, the execution of instruments under the Real Property Act 1925-1956, or under the Real Property Act, 1900, of the State of New South Wales, in its application in the Territory.
General powers of attorney
3AA.  A general power of attorney may be created by instrument in or to the effect of Form 1 in the Schedule.
Several donees
3AB.  A donor under a power of attorney may appoint 2 or more donees in any one or more of the following ways:
	(a)	by appointing the donees jointly or severally, or both jointly and severally;
	(b)	by appointing 2 or more of the donees (being a number less than the total number of donees) to act jointly or severally, or both jointly and severally; and
	(c)	by appointing different donees to act in different circumstances, upon the occurrence of different events or in respect of different property.
Scope of authority of attorney
3AC.  (1)  Subject to this section, a power of attorney confers on—
	(a)	the donee; or
	(b)	if there are 2 or more donees—on the donees acting jointly or severally, as the case requires;
authority to do on behalf of the donor anything the donor may lawfully do by an attorney.
(2)  A power of attorney does not operate to confer—
	(a)	authority to exercise any power or to perform any duty or function conferred or imposed on the donor as a trustee or personal representative; or
	(b)	unless the instrument creating it expressly so provides—power to execute a conveyance or other instrument, or to do any other act, by which a benefit would be conferred on the donee.
(3)  The donee under a power of attorney may appoint a substitute, delegate or sub-attorney unless the instrument creating the power expressly prohibits the donee from doing so, but a donee may not make such an appointment irrevocably unless expressly authorised by the instrument to do so.
(4)  A power of attorney may specify conditions or limitations to which the authority conferred by it is to be subject, and such a power of attorney has effect accordingly.
Operation as deed
3AD.  An instrument in or to the effect of Form 1 or 2 in the Schedule, notwithstanding that it is not expressed to be executed under seal, shall for all purposes be taken to be, and have effect as, a deed.

Capacity to execute power of attorney
3A.  A power of attorney is not invalid on the ground of the donor’s incapacity when the power was created if, when the power was created, the donor was able to understand the nature and effect of the power.
Execution under power of attorney
4.  (1)  Where the donee under a power of attorney is entitled to execute an assurance or instrument or do any other thing by authority of the donor of the power of attorney, the donee may execute such an assurance or instrument or do such a thing in his own name, with his own signature, and, if sealing is required, under his own seal.
(2)  An assurance or instrument so executed and any thing so done is as effectual in law—
	(a)	where it has been executed or done under seal—as if it had been executed or done in the name, with the signature and under the seal of the donor of the power of attorney; and
	(b)	where it has not been executed or done under seal—as if it had been executed or done in the name and with the signature of the donor of the power of attorney.
(3)  This section applies to a power of attorney created by instruments executed either before or after the commencement of this Act.
Power of attorney to continue in force until death or revocation
5.  (1)  Subject to any provision to the contrary in the instrument creating a power of attorney, the power of attorney operates and continues in force, so far as an act or thing done or suffered under it in good faith is concerned, until notice of the death of the donor of the power of attorney, or notice of some other revocation of the power of attorney, is received by the donee under the power of attorney.
(2)  An act or thing within the scope of a power of attorney done or suffered by the donee under the power of attorney in good faith after the death of the donor of the power of attorney or after the power of attorney has been otherwise revoked, but before notice of the death of the donor or of the other revocation of the power of attorney is received by the donee, is in every respect as effectual in law as if the donor had not died or the power of attorney had not been otherwise revoked.
(3)  Where at the time at which, or at any time after, the donee under a power of attorney does or suffers any act or thing under the power of attorney, the donee makes a statutory declaration stating—
	(a)	that he is the attorney named in the power of attorney by virtue of which he has done or suffered the act or thing; and 
	(b)	that, at the time when he did or suffered the act or thing, he had not received notice of the revocation of the power of attorney by the death, lunacy, unsoundness of mind, bankruptcy, act of donor of the power of attorney or otherwise, 
the statutory declaration is, in favour of a person dealing with the donee in good faith, for valuable consideration and without notice of the death of the donor or of any other revocation of the power of attorney, conclusive that the power of attorney had not been revoked at the time when the act or thing was so done or suffered.
(4)  Where a donee under a power of attorney is a body corporate—
	(a)	the statutory declaration may be made by an officer of the body corporate appointed for the purpose by the board of directors, council or other governing body of the body corporate either generally or in a particular instance; and
	(b)	if the statutory declaration contains, in addition to the matters specified in the last preceding subsection, a statement that the declarant is an officer of the body corporate appointed for the purpose of making the declaration, the statutory declaration is, in favour of a person dealing with the donee in good faith for valuable consideration and without notice that the declarant is not an officer of the body corporate duly appointed for the purpose of making the declaration, conclusive that the declarant is such an officer.
(5)  Where an instrument that is made, or purports to be made, after the commencement of this Act in exercise of a power of attorney contains a statement by the donee that, at the time the instrument is made, the donee has not received notice of the revocation of the power of attorney, that statement is, in favour of all persons dealing with the donee in good faith, for valuable consideration and without notice of the death of the donor of the power of attorney or of any other revocation of the power of attorney, conclusive that the power of attorney had not been revoked at that time.
(6)  An instrument may contain the statement referred to in the last preceding subsection in the body of the instrument or in a memorandum endorsed on the instrument, being a memorandum that, at the time the instrument is made—
	(a)	is signed by the donee under the power of attorney in the presence of a witness;
	(b)	is attested by that witness; and
	(c)	states the date on which, and the place at which, the memorandum is so signed and attested.
(7)  A person shall not execute, in pursuance of a power of attorney, an instrument that contains a statement that that person has not received notice of the revocation of the power of attorney when, in fact, the person knows that the power of attorney has been revoked. 
Penalty:  Imprisonment for four years.
(8)  A person shall not, in a memorandum endorsed on an instrument executed by him in pursuance of a power of attorney, make a statement which he knows to be untrue.
Penalty:  Imprisonment for four years.
(9)  This section applies in relation to powers of attorney—
	(a)	executed in or out of the Territory; or
	(b)	executed before or after the commencement of this Act.
(10)  In this section, “revocation”, in relation to a power of attorney, means the determination of the power of attorney otherwise than by the expiration of a fixed period of time.
Irrevocable power of attorney for value
6.  (1)  Where a power of attorney is given for valuable consideration and is, in the instrument creating the power of attorney, expressed to be irrevocable, then, in favour of a person dealing with the donee under the power of attorney for valuable consideration—
	(a)	the power of attorney shall not at any time be revoked by anything done by the donor of the power of attorney without the concurrence of the donee and shall be deemed not to be revoked by the death, lunacy, unsoundness of mind or bankruptcy of the donor;
	(b)	an act done by the donee at any time in pursuance of the power of attorney is as effectual in law as if anything done by the donor without the concurrence of the donee had not been done and as if the death, lunacy, unsoundness of mind or bankruptcy of the donor had not happened; and
	(c)	the donee or the person shall not at any time be prejudicially affected by notice of the death, lunacy, unsoundness of mind or bankruptcy of the donor or of anything done by the donor without the concurrence of the donee.
(2)  This section applies—
	(a)	to a power of attorney (whether executed in or out of the Territory) created by an instrument which is executed after the commencement of this Act; and
	(b)	to a power of attorney, the donee of which is the Australian National University or the Council of the Canberra University College, created by an instrument executed, whether in or out of the Territory, after the twenty-ninth day of February, One thousand nine hundred and fifty-six, and before the date of commencement of this Act.
Power of attorney irrevocable for fixed period
7.  (1)  Where a power of attorney is, in the instrument creating the power of attorney, expressed to be irrevocable for a fixed period specified in the instrument, being a period not exceeding two years from the date of the instrument, then, in favour of a person dealing with the donee under the power of attorney for valuable consideration—
	(a)	the power of attorney shall be deemed not to be revoked by the death, lunacy, unsoundness of mind or bankruptcy of the donor of the power of attorney, or by anything done by the donor without the concurrence of the donee, before the expiration of the fixed period;
	(b)	an act done before the expiration of the fixed period in pursuance of the power of attorney is as effectual in law as if the death, lunacy, unsoundness of mind or bankruptcy of the donor had not happened and as if anything done by the donor without the concurrence of the donee had not been done; and
	(c)	the donee or the person shall not at any time be prejudicially affected by notice, either before or after the expiration of the fixed period, of the death, lunacy, unsoundness of mind or bankruptcy of the donor during the fixed period or of anything done by the donor during the fixed period without the concurrence of the donee.
(2)  This section applies to a power of attorney created by an instrument, whether executed in or out of the Territory, whether given for valuable consideration or not and whether executed before or after the commencement of this Act.
Protection of purchaser under irrevocable power of attorney
8.  Where an act or thing within the scope of a power of attorney to which either of the last two preceding sections applies is done or suffered by the donee under the power of attorney after the power of attorney is revoked by the donor with the concurrence of the donee but within the period, if any, fixed by the power of attorney, that act or thing is, in favour of a person dealing with the donee in good faith, for valuable consideration and without notice of that revocation, as effectual in law as if the power of attorney had not been so revoked.
Effect of registration of powers of attorney
11.  (1)  Where an instrument creating a power of attorney is executed after the commencement of this Act, a conveyance or deed, not being a lease or agreement for a lease for a term not exceeding three years, executed by the donee in pursuance of the power of attorney shall be deemed not to have been or to be of any force or validity—
	(a)	in the case of such a conveyance or deed executed in pursuance of a power of attorney that was registered under the Powers of Attorney Act 1956—until the instrument creating the power of attorney was so registered; or
	(b)	in any other case—until the instrument creating the power of attorney is registered in the General Register of Deeds established by the Registration of Deeds Act 1957.
(2)  Upon the registration of an instrument creating a power of attorney, a conveyance or deed to which the last preceding subsection applies take effect as if the instrument had been registered before the conveyance or deed was executed.
Enduring powers of attorney
12.  (1)  Where—
	(a)	Part A of an instrument in or to the effect of the form of enduring power of attorney in Form 2 of the Schedule is completed and is signed by the donor or by another person in the presence of and by the direction of the donor, as indicated in the form; 
	(b)	that signature is witnessed by 2 persons, neither of whom is the donee of the power or a relative of the donee or the donor;
	(c)	the donee signs Part D of the instrument to indicate acceptance; and
	(d)	the donee has attained the age of 18 years;
the instrument creates a power of attorney which is an enduring power of attorney.
(1A)  An instrument does not fail to create an enduring power of attorney by reason only that Parts B and C of the form in the Schedule are not reproduced in that instrument, so long as the instrument bears a notation that those parts have been omitted with the consent of both donor and donee.
(2)  An enduring power of attorney does not lapse by reason only of the incapacity of the donor.
Guardianship and consent to medical treatment under enduring power of attorney
13.  (1)  The powers conferred on the donee by an enduring power of attorney may, if the instrument creating the power of attorney expressly provides, include the power—
	(a)	to make decisions and arrangements, subject to the instrument, on behalf of the donor in relation to the donor’s day-to-day affairs other than those relating to the management of the donor’s property and money; or
	(b)	to give consent, subject to the instrument, on behalf of the donor, to—
	(i)	lawful medical treatment which is necessary for the well-being of the donor; or
	(ii)	the donation of a body part, blood or tissue of the donor to another person in accordance with the Transplantation and Anatomy Act 1978.
(2)  Subsection (1) only applies—
	(a)	while the donor is incapacitated;
	(b)	in the case of the power referred to in paragraph (1) (a)—if the donor has signed Part B of the instrument;
	(c)	in the case of the power referred to in paragraph (1) (b)—if the donor has signed Part C of the instrument; and
	(d)	if the relevant signature is witnessed by 2 persons, neither of whom is the donee of the power or a relative of the donee or the donor.
Medical certificate as to incapacity
13A.  In any proceedings in which the question of whether, on a particular day or during a particular period, the donor under an enduring power of attorney was incapacitated is in issue, a certificate under the hand of a medical practitioner to the effect that the donor was, on that day or during that period, incapacitated is evidence of that fact.
Exercise of powers under enduring powers of attorney
14.  (1)  In exercising powers under an enduring power of attorney while the donor is incapacitated, the donee shall act, so far as possible, as the donor would have acted if the donor were not incapacitated.
(2)  In doing so, the donee shall take into account—
	(a)	the need to prevent the donor from becoming destitute; and
	(b)	the desirability of maintaining, so far as possible, the donor’s style of life as it was before the incapacity.
(3)  Without affecting any other obligation imposed by law, in exercising powers under an enduring power of attorney—
	(a)	the donee shall not, unless the power of attorney expressly authorises it, enter into a transaction if the donee’s interests and duty in relation to the transaction could conflict with the donor’s interests and duty in relation to the transaction;
	(b)	the donee shall keep the donee’s property and money separate from the donor’s; and
	(c)	the donee shall keep proper accounts.
(4)  The obligation of a donee under an enduring power of attorney to keep the donee’s property and money separate from the donor’s property and money does not apply in relation to property and money owned jointly by the donor and donee.

Relief for breach of duty—enduring powers of attorney
15.  (1)  The Public Trustee, a trustee company or, with the leave of the Court, some other person, may commence and maintain a proceeding in that Court in the name and for the benefit of the donor of an enduring power of attorney for relief against the donee (including the payment of compensation) because of a breach of the donee’s duty as attorney occurring while the donor was incapacitated.
(2)  Subsection (1) does not affect a right of a person to commence and maintain a proceeding.
(3)  If the Court gives judgment for the donor, it shall make such order as is just with respect to the payment of any money ordered to be paid.
(4)  The Court shall excuse a donee’s breach of obligation if—
	(a)	the breach was due to an honest mistake; and
	(b)	the donee ought fairly to be excused.
Production of accounts—enduring powers of attorney
16.  The Public Trustee may, by writing given to the donee under an enduring power of attorney, require the donee to produce to the Public Trustee specified books, accounts or other records of transactions carried out by the donee for the donor pursuant to the power.
Other powers of court—enduring powers of attorney
17.  (1)  On application by the Public Trustee or, with leave of the Court, some other person, the Court may, by order—
	(a)	give a direction, not inconsistent with this Act or the power of attorney, that the donee under an enduring power of attorney do or refrain from doing a specified act;
	(b)	direct the donee under an enduring power of attorney to produce specified books, accounts or other records of transactions carried out by the donee for the donor;
	(c)	terminate an enduring power of attorney; or
	(d)	make a declaration as to the interpretation or effect of an enduring power of attorney.
(2)  If the Court terminates an enduring power of attorney or if there is no longer a donee or donees capable of exercising powers under it, on application by the Public Trustee the Court may, by order, appoint—
	(a)	the Public Trustee to be the guardian of the donor; or
	(b)	the Public Trustee or a trustee company nominated by the Public Trustee, but not both, to be the manager of the donor’s property;
for a specified time and with specified powers.
Relationship between enduring powers of attorney and guardianship and management orders
18.  (1)  This section has effect notwithstanding any other provision of this Act.
(2)  If the Tribunal appoints a guardian for a person or a manager for a person’s property, it may make such order as it thinks fit affecting the continued operation of an enduring power of attorney executed by the person and such an order has effect according to its tenor.
(3)  A person for whom a guardian is appointed, or for whose property a manager is appointed, is not capable of executing an enduring power of attorney unless the Tribunal approves the provisions of the power.

	Schedule	
	Form 1	Section 3AA
GENERAL POWER OF ATTORNEY
This GENERAL POWER OF ATTORNEY is made pursuant to section 3AA of the Powers of Attorney Act 1956 on the                       day of
                                19         by        (name)        of   (address).

	1.  I appoint  (name)  of  (address) [or (name) of (address) and (name) of (address) jointly [or jointly and severally]] to be my attorney[s].
	2.  I authorise my attorney or attorneys, subject to paragraph 4, to do on my behalf anything that I may lawfully do by an attorney.
	3.  My attorney or attorneys may draw from my money or income payment for services as attorney on the following terms:
	4.  The authority of my attorney or attorneys is subject to the following conditions and limitations:

DATED:		
Signature of person giving the power (or of another person signing in the presence of and by the direction of the person giving the power)

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

	Form 2	Section 12
ENDURING POWER OF ATTORNEY
PURSUANT TO SECTION 12
OF POWERS OF ATTORNEY ACT 1956

THIS INSTRUMENT HAS EFFECT AS A DEED

IMPORTANT NOTICES

TO THE PERSON GIVING THIS POWER OF ATTORNEY:
This document will allow your chosen attorney or attorneys (who must be over 18) to make decisions and do things for you.

If you become unable to manage your affairs, your attorney or attorneys will be able to make decisions which you cannot supervise or control.  For example, the attorney or attorneys could, in that event, sell your home if he, she or they thought it was what you would have done yourself, or if he, she or they thought it was necessary to stop you going bankrupt.

You can however, specify limits to your attorney’s or attorneys’ power by setting them out in the document.

You may appoint alternate or successive attorneys.

To create an enduring power of attorney, you must sign and date where indicated at the end of PART A, and that signature must be witnessed and dated.

You may wish to give your attorney or attorneys some additional powers to take care of your personal affairs while you are unable to manage them.  If so, you should sign PART B.  That signature must be witnessed and dated.

You may also wish to give your attorney or attorneys the power to consent to medical treatment, or to medical donations, on your behalf while you are incapacitated.  If so, you should sign PART C.  That signature, too, must be witnessed and dated.

In addition, the document must be signed and dated by your attorney or attorneys where indicated at the end of PART D.

Finally, before signing any Part of this Document, you should carefully read each paragraph and any explanatory notes which follow.

REGISTRATION:
If your attorney exercises, or your attorneys exercise, a power to execute a deed or to transfer an interest in land, (other than a lease or an agreement for a lease for not more than 3 years), this document must be registered in the office of the Registrar-General.

WHERE TO SEEK ADVICE:
The Public Trustee, or a solicitor, can advise you about this enduring power of attorney or about the attorney’s or attorneys’ responsibilities under such powers.

PLEASE NOTE:
All signatures must be witnessed and dated by 2 persons who are present at the time the donor signs the Power of Attorney and who are not related to the donor or attorney or attorneys.

PART A—POWER OF ATTORNEY

Appointment of attorney

This ENDURING POWER OF ATTORNEY is made pursuant to section 12 of the Powers of Attorney Act 1956 on the                  day of                    19     
by                    (name)                    of                    (address)                    .
	1.  I appoint  (name)  of  (address)  [or  (name)  of  (address)  and  (name)  of  (address)  jointly [or jointly and severally]] to be my attorney[s].
Power of attorney
	2.  I authorise my attorney or attorneys to do on my behalf anything that I can lawfully do by an attorney.
	[By this paragraph, your attorney or attorneys is or are given the power to take care of all of your property and financial affairs (subject to paragraph 4)]
Specific powers
	3.  Without limiting the generality of paragraph 2, my attorney or attorneys may do the following things in relation to my property or financial affairs:

[Set out here anything that you particularly wish your attorney or attorneys to be able to do with your property or money, for example “My attorney or attorneys may use the following assets of mine for his/her/their own personal use:
......................................................................(list the assets)”.
If you do not wish to specify anything here, cross out paragraph 3.]
Limits on powers
	4.  My attorney[s] shall only exercise powers under paragraphs 2 and 3 subject to the following limits:

[Set out here any limits to be placed on the attorney’s or attorneys’ powers, for example “The attorney or attorneys shall not sell my shares in xyz Company Pty Ltd.”]
If you do not wish to specify any limits here, cross out paragraph 4.
Nature of power of attorney
	5.  This is an enduring power of attorney.
Commencement
	6.  My attorney’s or attorneys’ power to manage my property and money comes into effect—
* immediately
* from	[specify date]
* only while I am incapacitated

[*Cross out what does not apply.  Set out here when you want your attorney or attorneys to start managing your property and money.]
Payment of attorney
	7.  My attorney or attorneys may draw from my money or income payment for services as attorney on the following terms:

[You do not need to pay your attorney or attorneys for the power to be effective.  If you do not wish to pay him, her or them, you should cross out paragraph 7.
If you do wish to pay your attorney or attorneys, set out the exact terms of payment here, including the method of payment (that is, from which bank account or other financial source).]

Statement of understanding
	8.  I fully understand that by signing this document, I authorise my attorney or attorneys to act on my behalf in accordance with the terms set out in this document.

DATED:		
Signature of person giving the power (or of another person signing in the presence of and by the direction of the person giving the power)

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

PART B—POWER TO MAKE PERSONAL DECISIONS
IMPORTANT NOTICE:
By signing this Part, you can authorise your attorney or attorneys to make personal decisions for you while you are unable to manage your affairs.

These could be decisions about where you will live, what food you will eat, or whether you will go on a holiday.  In fact, you must understand that if you sign this Part, your attorney or attorneys will (subject to any limits you set) have almost complete control over your life while you are unable to manage your affairs.

You need not do this if you do not want to.  If you do not want your attorney or attorneys to have such power, you should cross out Part B entirely.

Authority to make personal decisions
	9.  I authorise my attorney or attorneys to make personal decisions and arrangements for me (other than those dealing with my money and property) while I am incapacitated.

Limits on authority
	10.  My attorney or attorneys shall only exercise authority under paragraph 9 subject to the following limits:

[Set out here any limits to be placed on the attorney’s or attorneys’ power, for example:  “The attorney or attorneys shall not require me to move away from my home.”.
If you do not wish to specify any limits here, cross out paragraph 10.]

DATED:		
Signature of person giving the power (or of another person signing in the presence of and by the direction of the person giving the power)

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

PART C—POWER TO CONSENT TO MEDICAL TREATMENT AND MEDICAL DONATION
IMPORTANT NOTICE:
By signing this Part, you can authorise your attorney or attorneys to consent to medical treatment on your behalf while you are unable to manage your affairs.  You can also authorise your attorney or attorneys to consent on your behalf to the donation of a part of your body, blood or tissue to another person while you are unable to manage your affairs.

You can only authorise your attorney or attorneys to give consent to lawful medical treatment that is essential for your well-being.
You need not give your attorney or attorneys any power to consent to medical treatment, or medical donation, on your behalf.  If you do not want your attorney or attorneys to have either of these powers, you should cross out this Part entirely.

Authority to consent to medical treatment
	11.  I authorise my attorney or attorneys to give consent to lawful medical treatment on my behalf while I am incapacitated.  I understand that my attorney or attorneys may only consent to lawful treatment which is essential for my well-being.

[If you do not wish to authorise your attorney or attorneys to consent to any medical treatment on your behalf, cross out paragraph 11.]

Specific treatment authorised
	12.  The treatment to which my attorney or attorneys may consent on my behalf includes:

[Set out here any particular treatment to which your attorney or attorneys may consent on your behalf, for example, an organ transplant.
If you do not wish to specify any treatment here, cross out paragraph 12.]
Limits on power
	13.  My attorney or attorneys shall not consent on my behalf to the following treatment:

[Set out here any medical treatment to which you do not want your attorney or attorneys to consent, for example, a blood transfusion, or “any treatment not specified under paragraph 12”.
If you do not wish to specify any treatment here, cross out paragraph 13.]

Authority to consent to medical donation
	14.  I authorise my attorney or attorneys to consent on my behalf to the lawful donation of parts of my body, blood or tissue to another person while I am incapacitated.
[If you do not wish to authorise your attorney or attorneys to consent to any medical donation on your behalf, cross out paragraph 14.]

Limits on power—medical donation
	15.  My attorney or attorneys shall not consent on my behalf to the following medical donations:

[Set out any medical donation to which you do not want your attorney or attorneys to consent.  If you do not wish to specify any medical donation here, cross out paragraph 15.]

DATED:		
Signature of person giving the power (or of another person signing in the presence of and by the direction of the person giving the power)
DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

DATED:		
Signature of witness [not related to the person giving the power, or his or her attorney or attorneys]

PART D—ATTORNEY’S OR ATTORNEYS’ ACCEPTANCE

IMPORTANT NOTICE TO ATTORNEY OR ATTORNEYS:

If you accept this power of attorney, you will be taking on serious responsibilities.  You should take particular note of sections 12-17 of the Powers of Attorney Act 1956.
Here is a summary of those provisions:
	1.     What you do on behalf of the person giving you the power of attorney (called the “donor”) while he or she is incapacitated must be, as near as possible, what he or she would have done.  You may, however, do whatever is necessary on behalf of the donor (while he or she is incapacitated) to prevent him or her becoming destitute.
	2.     You should not enter into transactions for the donor which may involve a conflict between your interests and those of the donor, unless the transaction is explicitly authorised by the donor in this document.  For example, if it is necessary to sell some of the donor’s property, it may be a breach of your obligation to sell it to your own relative.
	3.     You must keep your money and property separate from the donor’s money and property, unless you are joint owners, or operate joint bank (or similar) accounts.
	4.     You must keep proper accounts and records of how you handle the donor’s money and property.  The Public Trustee, or anyone interested in the donor’s welfare, can require you to produce these accounts and records.
	5.     If you do not carry out your duties properly, you may have to compensate the donor.  It is also possible that a transaction will be cancelled if you did not carry it out properly.  In an extreme case, your power of attorney may be terminated.
	6.     If, after the donor becomes incapacitated, you want to stop being the donor’s attorney, you should see the Public Trustee or a solicitor.
You may wish to seek the advice of the Public Trustee or a solicitor about your rights and obligations under this power of attorney.
Statement of understanding
	16.  I have read this enduring power of attorney.  I understand that by signing this document, I take on the responsibility of exercising the powers which I have been given by the document.  I also understand that I must exercise these powers in accordance with the Powers of Attorney Act 1956.

DATED:		
Signature[s] of attorney[s]

[The attorney or one of the attorneys should hold the original of this document.
The person who is giving the power and any other attorney should retain a copy of the document.]

NOTE
1.	The Powers of Attorney Act 1956 as shown in this reprint comprises Act No. 17, 1956 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Powers of Attorney Ordinance 1956	17, 1956	24 Dec 1956	24 Dec 1956		
Powers of Attorney Ordinance 1957
	15, 1957	21 Nov 1957	21 Nov 1957	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Powers of Attorney (Amendment) Act 1989	15, 1989	30 Oct 1989	30 Oct 1989	—	
Guardianship and Management of Property (Consequential Provisions) Act 1991	63, 1991	31 Oct 1991	Ss. 1 and 2:  31 Oct 1991
Remainder:  7 Jan 1992 (see 
s. 2)	—	
Powers of Attorney (Amendment) Act 1992	5, 1992	28 May 1992	28 May 1992	Ss. 4 (2) and 11	
Registrar-General (Consequential Provisions) Act 1993	64, 1993	6 Sept 1993	Ss. 1 and 2:  6 Sept 1993
Remainder:  1 Oct 1993 (see 
s. 2 (2) and Gazette 1993, No. S207)	Part III 
(ss. 6-13)	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 15, 1957; Act No. 15, 1989; No. 63, 1991; No. 5, 1992
Ss. 3AA-3AD	ad. Act No. 5, 1992
S. 3A	ad. Act No. 15, 1989
Ss. 9, 10	rep. No. 15, 1957
S. 11	am. No. 15, 1957
S. 12	rep. No. 15, 1957
	ad. Act No. 15, 1989
	am. No. 5, 1992
S. 13	ad. Act No. 15, 1989
	am. No. 5, 1992
S. 13A	ad. Act No. 5, 1992
S. 14	ad. Act No. 15, 1989
S. 15	ad. Act No. 15, 1989
	am. No. 5, 1992
S. 16	ad. Act No. 15, 1989
S. 17	ad. Act No. 15, 1989
	am. No. 5, 1992
S. 18	ad. Act No. 63, 1991
Schedule	ad. Act No. 15, 1989
	rs. No. 5, 1992
	am. No. 64, 1993

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