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Q&As and counting

September 2016

Old powers of attorney

September 2016
Other
New South Wales

Asked

Our client is an attorney under a General Power of Attorney made before the Powers of Attorney Act 2003.

The Principal now suffers from dementia. Is the POA still effective?

Answered

Thanks for the question

Powers of attorney executed pursuant to the Conveyancing Act remain valid. However the power needs to be an enduring power to be operative after incapacity of the principal.

Regards

Mentor

Other
New South Wales