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

71A. Notification to Director by attorney

(1) Where an attorney has reason to believe that a donor lacks capacity in relation to one or more relevant decisions that are the subject of an instrument creating an enduring power of attorney that was executed by the donor and registered under section 69, the attorney shall, as soon as is practicable, so notify the Director, in compliance with this Part and in the form specified by the Director under section 79A.

(2) A notification to the Director under subsection (1) shall be accompanied by -

(a) the fee prescribed by the Minister under section 79,

(b) a statement by each of 2 persons, each being either -

(i) a registered medical practitioner, or

(ii) such other healthcare professional of a class that shall be prescribed by the Minister under section 79,

that in his or her opinion the donor lacks capacity in relation to one or more relevant decisions which are the subject of the enduring power, and