Section 20 — Property Law Act 2007: Power of attorney continues in force until notice of revocation received

20 Power of attorney continues in force until notice of revocation received (1) A power of attorney continues in force until notice of an event revoking the power is received by the attorney. (2) Subsection (1) applies unless the power of attorney provides otherwise. (3) A person dealing with an attorney may rely on a certificate of non-revocation of the power of attorney in the form set out in Schedule 1 as conclusive proof of the non-revocation of the power of attorney as at the date of the certificate if— (a) the person— (i) is dealing with the attorney in good faith; and (ii) does not have actual notice of an event revoking the power of attorney; and (b) the certificate— (i) is signed by— (A) the attorney; or (B) if the attorney is a body corporate, a director or officer of the body corporate or a person acting on behalf of the body corporate in another capacity; and (ii) is given immediately before, or at any time after, the doing of a thing by the attorney. (4) A person who knowingly gives a false certificate under subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding $5,000. (5) If the power of attorney is an enduring power of attorney within the meaning of Part 9 of the Protection of Personal and Property Rights Act 1988,— (a) section 103C of that Act applies to it instead of subsections (1) to (4); but (b) if a certificate of non-revocation of the power of attorney was given in respect of the enduring power of attorney before the commencement of section 18 of the Protection of Personal and Property Rights Amendment Act 2007, subsections (1) to (4) of this section apply to the certificate instead of section 103C of the Protection of Personal and Property Rights Act 1988. Compare: 1952 No 51 ss 135 , 139 Section 20(5): added, on 25 September 2008, by section 26 of the Protection of Personal and Property Rights Amendment Act 2007 (2007 No 90).