Australian Capital Territory Numbered Acts

POWERS OF ATTORNEY ACT 2006 (NO. 50 OF 2006) - SECT 28

    (1)     This section applies if—

        (a)     an enduring power of attorney authorises 3 or more attorneys to exercise a power together but not separately; and

        (b)     the power of attorney does not require a stated number of attorneys to accept the power of attorney before the attorneys may exercise the power; and

        (c)     not all, but at least 2, of the attorneys have accepted the power of attorney.

    (2)     The attorneys who have accepted the power under the enduring power of attorney may exercise the power.

Example

Alex authorises Beryl, Claude and David to act together as attorneys under an enduring power of attorney. Beryl and David accept the power of attorney, Claude does not. Beryl and David may exercise a power under the power of attorney together. Claude accepts the enduring power of attorney later. After Claude accepts, Beryl and David cannot exercise the power without Claude.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     However, if the enduring power of attorney requires a stated number of attorneys to exercise a power together, the power must not be exercised unless that number of attorneys accepts the power of attorney.