incommunicate

8.22 Incommunicate principal : the solution . Draft section 163G would apply to a power of attorney if the principal became incommunicate. The difficulty is that the defect which prevents him from controlling his attorney also prevents him from applying to the Court, yet does not, or at least may not, amount to mental illness […]

1975, LRC

Under the Conveyancing Act 1919 ( NSW ) the term "incommunicate" is defined as follows: "incommunicate", in relation to a person, means under such a handicap of body or mind, by way of coma or paralysis or otherwise, whether or not induced by any drug [...], that he is unable to receive communications respecting his property or affairs, or to express his will [...]. [...] Judicial control in New South Wales over the operation of a power of attorney executed by a donor who subsequently becomes incommunicate, is the same as that exercisable over a protected power of attorney [...]

1992, Berna Collier, Shannon Lindsay, Powers of Attorney in Australia and New Zealand, Federation Press, →ISBN, page 229