196. Effect of enduring power.

(2)     Enduring Powers of Attorney

(i)     Nature and Effect of Power

196.     Effect of enduring power.

An enduring power of attorney1 disapplies in respect of the donor of the power, upon his mental incapacity2, the statutory provisions governing mental capacity and the ability to make decisions3, and empowers the donee to act in accordance with the enduring power to make and implement decisions regarding the donor's property and affairs4.

An attorney under an enduring power expressed5 to confer general authority on the attorney may, following registration of the instrument creating the power6, do on behalf of the