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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

69. Registration of an instrument creating an enduring power of attorney

(1) On receipt of an application under section 68, the Director shall review the application and any objections received under section 71 and shall carry out such reasonable enquiries as he or she considers necessary in order to establish whether the following criteria are met:

(a) the enduring power of attorney and the instrument creating it are in accordance with sections 59, 60 and 63;

(b) the attorney is a suitable person within the meaning of section 59(6);

(c) the attorney is eligible for appointment within the meaning of section 65 or not disqualified by virtue of section 66;

(ca) where a trust corporation is named as an attorney, that it has complied with the requirements specified by the Director under section 58A,

(d) notice has been given in accordance with section 68(3); and

(e) the application is in accordance with section 68.