Australian Capital Territory Numbered Acts

POWERS OF ATTORNEY ACT 2006 (NO. 50 OF 2006) - SECT 33

    (1)     An attorney under a general power of attorney may authorise someone else to exercise all or any of the attorney's powers, whether or not there is express power for the authorisation.

Examples of authorisations

1     substitute decision-maker

2     delegate

3     sub-attorney

Note 1     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).

Note 2     If a form is approved under s 92 for this provision, the form must be used.

    (2)     An enduring power of attorney does not authorise an attorney to authorise anyone else to exercise the powers of the attorney while the principal has impaired decision-making ability.

    (3)     However, if an enduring power of attorney expressly authorises an attorney to authorise someone else to exercise all or any of the attorney's powers, the attorney may, in accordance with the express authorisation, authorise someone else to exercise the attorney's powers if—

        (a)     the person could be appointed as an attorney under an enduring power of attorney; and

        (b)     the person authorised is known to the principal, or was known to the principal when the principal had decision-making capacity.

    (4)     To remove any doubt, a person authorised under this section to exercise an attorney's powers is taken to be the attorney for this Act.