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Powers of Attorney Act (amended)

BILL NO. 58

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010



Government Bill



Powers of Attorney Act
(amended)



The Honourable Ross Landry
Minister of Justice



First Reading: May 3, 2010

(Explanatory Note)

Second Reading: May 4, 2010

Third Reading: November 25, 2010 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Note

This Bill provides that, where one or more of the persons appointed as attorney under an enduring power of attorney dies, renounces the appointment, is incapacitated, is unwilling to act or is unable to be found, the remaining person or persons appointed to act under the power of attorney can continue to act under it.

An Act to Amend Chapter 352
of the Revised Statutes, 1989,
the Powers of Attorney Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 352 of the Revised Statutes, 1989, the Powers of Attorney Act, is amended by adding immediately after Section 6 the following Section:

7 Subject to the provisions of the enduring power of attorney, where two or more attorneys are appointed to act jointly and one or more of the attorneys

(a) dies;

(b) renounces the appointment;

(c) is legally incapacitated;

(d) is unwilling to act; or

(e) after reasonable inquiries by another of the attorneys, is unable to be found,

the remaining attorney or attorneys may continue to act without that attorney or attorneys.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created December 17, 2010. Send comments to legc.office@novascotia.ca.