Protection of Personal and Property Rights Act 1988

95 When power of attorney is an enduring power of attorney

(1)

Except as otherwise provided in this section, a power of attorney that meets the requirements of section 94A is an enduring power of attorney.

(2)

A power of attorney purporting to be an enduring power of attorney has effect even though it is not in the prescribed form, but only if—

(a)

no prescribed provision is substantially omitted; and

(b)

the differences are immaterial.

(3)

A power of attorney shall not have effect as an enduring power of attorney unless the attorney, when signing the instrument creating it, is—

(a)

an individual who is not less than 20 years of age, is not bankrupt, and is not subject to a personal order or a property order; or

(b)

a trustee corporation.

(4)

A power of attorney delegating trustee powers, authorities, and discretions under section 31 of the Trustee Act 1956 shall not have effect as an enduring power of attorney.

(5)

A power of attorney that gives the attorney the right to appoint a substitute or a successor shall not have effect as an enduring power of attorney; but an enduring power of attorney may provide for successive attorneys, the appointment of one being conditional upon the cessation of the appointment of another.

(6)

A power of attorney executed before the commencement of this Act shall not have effect as an enduring power of attorney.

Section 95(1): substituted, on 25 September 2008, by section 8(1) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).

Section 95(2): substituted, on 25 September 2008, by section 8(2) of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).