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Death of Donor of Power of Attorney – Reminder to Practitioners

Estate practitioners should be aware that where they are administering a deceased estate there is a requirement to notify the Land Titles Office of the death of a donor.  It is also good practice to notify GAB of the death of a donor under an Instrument appointing an Enduring Guardian.

Section 17(1) of the Powers of Attorney Act 2000 provides that where a POA has been registered, notice of the death, bankruptcy or insolvency of the donor or revocation of the POA is to be registered as provided by subsection (2):

(2)  For the purposes of subsection (1) , there is to be registered –

(a) a declaration made by a person of the fact of the death, bankruptcy or insolvency of the donor of a power of attorney, or of an attorney under an enduring power of attorney, made before a person having authority to administer an oath in the place, whether in Tasmania or elsewhere, where the declaration is made; or
(b) an instrument of revocation of a power of attorney; or
(c) a notice of revocation under the hand of the donor of a power of attorney; or
(ca) notice of the revocation of an enduring power of attorney by virtue of section 32AE(3), under the hand of the donor, or the attorney, of the enduring power of attorney; or
(d) in the case of an enduring power of attorney that is revoked, or of which the terms are varied, by an order of the Board under section 33 , a copy of that order.

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E&SL Committee 2018