How should a non-enduring power of attorney be executed?
11 How should a non-enduring power of attorney be executed?
A non-enduring power of attorney may be executed—
by the principal signing the non-enduring power of attorney; or
by another person signing the non-enduring power of attorney, in the presence of and at the direction of the principal.
If a non-enduring power of attorney is executed by another person signing the non-enduring power of attorney in the presence of and at the direction of the principal—
2 other persons must be present and witness the person signing the non-enduring power of attorney; and
the other persons must sign the non-enduring power of attorney.
S. 11(3) inserted by No. 11/2021 s. 91.
For the purposes of this section, a non-enduring power of attorney may be executed by using the remote witnessing procedure and is a valid non-enduring power of attorney.
S. 11(4) inserted by No. 11/2021 s. 91.
For the purposes of this section, a signature may be an electronic signature if the remote witnessing procedure is used.
S. 11(5) inserted by No. 11/2021 s. 91.
For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote witnessing procedure.
This Act’s bill:Explanatory memorandumSecond reading speech
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