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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

60. Content of instrument creating an enduring power of attorney

(1) An instrument creating an enduring power of attorney shall include the following statements:

(a) by the donor that he or she -

(i) understands the implications of creating the power,

(ii) intends the power to be effective at any subsequent time when he or she lacks capacity in relation to one or more relevant decisions which are the subject of the power, and

(iii) is aware that he or she may vary or revoke the power prior to its registration, and on or after its registration until the attorney notifies the Director under section 71A that the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power of attorney and this notification has been accepted by the Director under section 71C;

(b) by a legal practitioner that, after interviewing the donor and making any necessary enquiries, he or she -

(i) is satisfied that the donor understands the implications of creating the power,