Assisted Decision-Making (Capacity) Act 2015

74

F108[Resignation by attorney

74. (1) An attorney—

(a) may resign from his or her role as attorney where the enduring power of attorney in which he or she has been appointed attorney has not been the subject of a notification under section 71A that has been accepted by the Director under section 71C, and

(b) shall notify the donor, the Director and any other attorney appointed under the enduring power of attorney concerned of his or her resignation as soon as may be after it is made.

(2) Where there is more than one attorney appointed under an enduring power of attorney and one or more of them resigns under subsection (1), the instrument creating the enduring power of attorney may be the subject of a notification, and enter into force, in respect of the remaining attorney or attorneys, as the case may be, unless the enduring power expressly provides to the contrary.

(3) Where an instrument creating an enduring power of attorney has been the subject of a notification under section 71A that has been accepted by the Director under section 71C, an attorney may resign from his or her role as attorney under the enduring power created by the instrument only with the consent of the court.]

Annotations:

Amendments:

F108

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 63, S.I. No. 194 of 2023.