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Amendment of section 68 of Principal Act
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56. Section 68 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) The donor, or, with the donor’s written consent, his or her attorney, shall, not later than 3 months after the date of the execution of an instrument creating an enduring power of attorney or the date of receipt of all completed supporting documentation, whichever is the later, make an application to the Director, in accordance with this Part and any regulations and specifications made thereunder, to register the instrument creating the enduring power of attorney.”,
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(b) in subsection (2), by the substitution of “form as specified by the Director under section 79A” for “form”,
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(c) in subsection (3)—
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(i) by the substitution of “donor, or, as the case may be, his or her attorney, shall” for “attorney shall”,
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(ii) by the substitution of “specified by the Director under section 79A” for “prescribed”,
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(iii) by the substitution of the following paragraph for paragraph (a):
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“(a) where the application was made by the attorney, the donor,”,
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(iv) by the insertion of the following paragraph after paragraph (a):
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“(aa) where the application was made by the donor, his or her attorney or attorneys, as the case may be,”,
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and
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(v) by the substitution of the following paragraph for paragraph (j):
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“(j) any other person or persons as may be specified by the donor in the instrument creating the enduring power of attorney as a person or persons to whom notice shall be given under this section and section 71A(3) and where there are fewer than 3 persons to whom notice may be given pursuant to paragraphs (a) to (i), the donor shall so specify at least 2 persons.”,
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(d) by the insertion of the following subsections after subsection (3):
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“(3A) Subsection (3)(b) shall not apply—
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(a) in relation to the spouse of a donor, where, at the time at which the application is made under subsection (1)—
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(i) a decree of judicial separation has been granted to either the donor or his or her spouse by a court in the State or any decree has been so granted by a court outside the State and is recognised in the State as having like effect,
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(ii) a written agreement to separate has been entered into between the donor and his or her spouse, or
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(iii) subject to section 2(2), the donor and his or her spouse have separated and have ceased to cohabit for a continuous period of 12 months,
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and
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(b) in relation to the civil partner of a donor, where, at the time at which the application is made under subsection (1)—
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(i) a written agreement to separate has been entered into between the donor and his or her civil partner, or
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(ii) subject to section 2(2), the civil partners have separated and have ceased to cohabit for a continuous period of not less than 12 months.
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(3B) Subject to section 2(2), subsection (3)(c) shall not apply in relation to the cohabitant of a donor where, at the time at which the application is made under subsection (1), the donor and his or her cohabitant have separated and have ceased to cohabit for a continuous period of not less than 12 months.”,
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(e) in subsection (4), by the substitution of “A donor or attorney, as the case may be, may,” for “An attorney may,”,
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(f) by the deletion of subsections (5) and (6),
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(g) in subsection (7)—
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(i) by the deletion of paragraph (b),
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(ii) by the substitution of “donor” for “appointer” in paragraph (c), and
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(iii) by the substitution of the following paragraph for paragraph (e):
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“(e) where a trust corporation is named as an attorney, the information and documents specified by the Director under section 58A(2), and”,
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and
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(h) by the deletion of subsection (8).
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