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Version date: 1 January 2011 - onwards
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5. Characteristics of enduring power.

(1) A power of attorney is an enduring power within the meaning of this Act if the instrument creating the power contains a statement by the donor to the effect that the donor intends the power to be effective during any subsequent mental incapacity of the donor and complies with the provisions of this section and regulations made thereunder.

(2) The Minister may make provision by regulations in relation to all of the following matters concerning enduring powers of attorney:

(a) their form,

(b) their execution,

(c) ensuring that any document purporting to create an enduring power incorporates adequate information as to the effect of creating or accepting the power,

(d) the inclusion in the document of all of the following statements -

(i) by the donor, that the donor has read the information as to the effect of creating the power or that such information has been read to the donor,

(ii) by a solicitor (or a member of some other specified class of persons), that, after interviewing the

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