By Courtney Murray - March 2017
The amendments to the Protection of Personal and Property Rights Act 1988 (PPPR Act) came into force on 16 March 2017. The changes include new plain language forms of Enduring Power of Attorney (EPA) and a plain language explanation of the effects and implications of these. The idea behind the changes was to make the forms as simple as possible while maintaining legal accuracy and clarity.
Less restrictive requirements for mutual appointments
The changes will allow the same authorised witness for the respective donors where there is no more than a negligible risk of conflict of interest.
The changes provide that the donor’s witness may use the standard explanation to explain the effects and implications of the EPA.
Optional provisions revoking previous EPAs and provision for giving notice of this revocation
There will be an option in the new forms to revoke all previous EPAs and for giving notice of this revocation, including after the donor loses capacity.
Duty of attorney to consult
Consultation will be required with any other EPA attorney of the donor (but not with a successor attorney whose appointment has not taken effect).
The medical certificate must still contain the prescribed information but no longer needs to be in the prescribed form.
Revocation of appointment
A donor will be able to revoke an attorney’s appointment without revoking the EPA if a successor attorney is appointed. The amendment will clarify that an EPA appointing more than one attorney with several or joint-and-several authority will only cease to have effect when the last remaining attorney’s appointment is revoked by the donor or otherwise ceases to have effect.