The 2003 Power of Attorney Act

The Power of Attorney Act 2003 of New South Wales, Australia revised and consolidated the powers of attorney legislation. It revised the prescribed form for a power of attorney and put clearer provisions on what an attorney can and cannot do.

  1. Prescribed Power of Attorney

    • The act redesigned the prescribed form for assigning a power of attorney. The new form requires additional details and allows a principal to decide when power of attorney comes into effect, when it ends, how many attorneys he will have and what additional powers and restrictions will apply to those individuals.

    Registration

    • A principal does not have to register his power of attorney unless she will deal with the principal's estate, such as selling or leasing it. Registering a power of attorney requires paying a fee to the Department of Lands, who will keep the registration document on record as a public document and protect it from destruction.

    Review Tribunals

    • The Guardianship Tribunal as defined by the Guardianship Act 1987, as well as the Supreme Court have jurisdiction to rule on matters brought before them where a power of attorney has acted unlawfully or beyond the scope of the power granted to him. A tribunal also has the power to vary the amount of power a power of attorney has.

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