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Where am I now? Lawlink > Law Reform Commission > Publications > Part 5 - A Summary Of Matters On Which Comment Is Invited

Working Paper 10 (1973) - Powers of Attorney

Part 5 - A Summary Of Matters On Which Comment Is Invited

History of this Reference (Digest)

177. For convenience of reference, and without adding to the substance of the arguments already advanced, we summarize those points which we have specifically raised for comment in this Working Paper. Comments on any other aspects of the paper and any other matters within the terms of reference are, of course, equally invited.

178. Is the common law recognition of the signature of documents for a party by another person in need of change or statutory codification and, in particular, does the common law sufficiently cover the case of a power of attorney executed for a party by another person? (See paragraphs 6 and 30.)

179. Is section 7 (1) of,the Powers of Attorney Act 1971 (U.K.), relating to execution and acts by an attorney under power, an acceptable substitute for section 159 of the Conveyancing Act, 1919 (N.S.W.)? (See paragraph 32.)

180. Whether the approach taken to the revocation of a power of attorney, and to the consequences thereof, by section 5 of the Powers of Attorney Act 1971 (U.K.) is to be preferred to the approach taken by section 160 of the Conveyancing Act, 1919 (N.S.W.) ? (See paragraphs 35, 48, 53 and 60.)

181. Whether, in relation to “irrevocable” powers of attorney, our proposals to amend section 161, and to repeal section 162, of the Conveyancing Act, 1919 (N.S.W..), are favoured? (See paragraphs 67, 80, and 83.)

182. Has section 162A of the Conveyancing Act, 1919 (N.S.W.), relating to protection of purchasers under irrevocable powers, caused any practical difficulties? (See paragraph 85.)

183. Whether, for conveyancing purposes, registration of powers of attorney should be discontinued in any cases and, if so, in which cases? (See paragraphs 95 and 100.)

184. Should photographic copies of powers of attorney be accepted as evidence of the relative power? If so, in what cases should they be accepted, and what procedure should apply to reduce possibilities of fraud? (See paragraph 108.)

185. Whether amendment of the Mental Health Act, 1958 (N.S.W.), should be proposedto permit of a power’s surviving physical or mental illness of the donor? If so, is it agreed that the amendment should provide for the power’s being suspended, but not revoked, by the supervening disability? (See paragraphs 159 and 164.)

186. Is a short statutory form of power of attorney favoured? If so, what should be its contents? Would its use lead to a saving of professional costs? (See paragraph 175.)

 

 


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