Execution of powers of attorney
12 Execution of powers of attorney
This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal.
Notes—
1 See the Property Law Act 2023, part 6, division 1 in relation to a document containing a power of attorney that takes effect as a deed.
2 See the Property Law Act 2023, section 47 in relation to a power of attorney given by an individual under a deed.
An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal.
Note—
See also part 3A.
This section does not affect—
a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or
the rules about the execution of instruments by corporations.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.