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Amendment of section 60 of Principal Act
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52. Section 60(1) of the Principal Act is amended—
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(a) in paragraph (a)(iii), by the substitution of “registration, and on or after its registration until the attorney notifies the Director under section 71A that the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power of attorney and this notification has been accepted by the Director under section 71C” for “registration”,
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(b) in paragraph (b)(ii), by the substitution of “registration, and on or after its registration until the attorney notifies the Director under section 71A that the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power of attorney and this notification has been accepted by the Director under section 71C” for “registration”,
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(c) by the substitution of the following paragraph for paragraph (c):
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“(c) by—
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(i) a registered medical practitioner that in his or her opinion at the time the power was executed, the donor had the capacity to understand the implications of creating the power, or
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(ii) a healthcare professional of a class that shall be prescribed, that in his or her opinion at the time the power was executed, the donor had the capacity to understand the implications of creating the power;”,
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(d) by the deletion of paragraph (d), and
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(e) in paragraph (e)(v), by the substitution of “power, and in relation to notification of the Director under section 71A when the donor lacks capacity in relation to one or more of the relevant decisions which are the subject of the power” for “power”.
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