Powers of Attorney Act 2003 (NSW)

Powers of Attorney Act 2003 No 53

An Act to consolidate and revise the legislation relating to powers of attorney; to make consequential amendments to the Conveyancing Act 1919 and certain other legislation; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Powers of Attorney Act 2003.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (cf 1919 No 6, ss 7 (1) and 158 (1) and (2)) (1) In this Act— assurance includes a conveyance and a disposition made otherwise than by will. attorney, in relation to a power of attorney, means a person to whom the power is given. bankruptcy means any act or proceeding in law having effects or results similar to those of bankruptcy, and includes the winding up of a company under the Corporations Act 2001 of the Commonwealth. conveyance includes any assignment, appointment, lease, settlement or other assurance by deed of any property. dealing has the same meaning as it has in the Real Property Act 1900. deed, in relation to land under the provisions of the Real Property Act 1900, includes a dealing having the effect of a deed under that Act. disposition includes— (a) a conveyance, and (b) an acknowledgment under section 83 of the Probate and Administration Act 1898, and (c) a vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument except a will, and (d) a release, devise, bequest or an appointment of property contained in a will. enduring power of attorney—see section 19 (1). exercise a function includes perform a duty. function includes a power, authority or duty. incommunicate—see section 4. instrument includes a deed. irrevocable power of attorney—see section 15. prescribed power of attorney—see section 8. principal, in relation to a power of attorney, means the person giving the power. property includes— (a) real and personal property, and (b) any estate or interest in any real or personal property, and (c) any debt, thing in action or other right or interest. registered means registered as referred to in section 51. review tribunal—see section 26. third party, in relation to a power of attorney, means a person other than the principal or an attorney on which a power is conferred by the power of attorney. vacancy in office of an attorney—see section 5. valuable consideration includes marriage but does not include a nominal consideration, even if it has some value. will includes codicil.