Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 98

    (1)     The operator of a retirement village commits an offence if the operator requires a resident or prospective resident of the village to give the operator a power of attorney in favour of—

        (a)     the operator; or

        (b)     a close associate of the operator; or

        (c)     a person nominated by the operator.

Maximum penalty: 50 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

    (3)     A power of attorney given in favour of a person mentioned in subsection (1) (a) to (c) by a resident or prospective resident is void.

    (4)     Subsection (3) does not apply if the resident or prospective resident who gave the power of attorney is a relative of the operator.

    (5)     This section has effect despite—

        (a)     the Powers of Attorney Act 2006 ; and

        (b)     the terms of the instrument creating the power of attorney.

Note     The Powers of Attorney Act 2003 , s 32 provides that an enduring power of attorney is not revoked even if the person who gave the power of attorney becomes a person with impaired decision-making capacity.