Assisted Decision-Making (Capacity) (Amendment) Act 2022

Amendment of section 78 of Principal Act

67. Section 78 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (a), by the substitution of “section 73A” for “section 73(6) ”, and

(ii) in paragraph (b), by the substitution of “disqualified, dies, resigns from his or her role as attorney or is unable to act” for “disqualified”,

and

(b) by the substitution of the following subsection for subsection (2):

“(2) In the circumstances described in subsection (1)(b), where there is at least one attorney remaining due to—

(a) the donor having appointed more than one attorney under an enduring power of attorney, or

(b) the donor having specified a person to act as attorney for him or her in the event that the attorney on whom the authority is conferred is disqualified, dies, resigns from his or her role as attorney or is unable to act,

the Director shall not remove the instrument from the Register, but shall note on the Register in connection with the power concerned the disqualification, death, resignation or inability to act, as the case may be.”.