Execution of power of attorney by direction of donor
50 Execution of power of attorney by direction of donor
Where an instrument creating a power of attorney is not executed personally by the donor, the instrument is taken to be validly executed if – it is executed by some other person in the presence of, and by the direction of, the donor; and the signature of that other person is made or acknowledged by the donor in the presence of 2 or more witnesses present at the same time; and those witnesses attest and subscribe the power of attorney in the presence of the donor – but no form of attestation is necessary for that purpose.
Subsection (1) does not apply to an enduring power of attorney unless the Tribunal, after a hearing in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020, declares by order that that subsection is to apply.
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