Table of Contents
1. What signatures are required on a power of attorney?
2. How does power of attorney work in Australia?
3. Can you sign a power of attorney abroad?
4. Is a foreign power of attorney valid in Australia?
In order for a power of attorney to be legally recognized in Australia, it must be signed by both the donor (the person granting the power) and an authorised witness. The witness must be a person who is not related to the donor and is over 18 years of age. The witness must also understand what a power of attorney is and be able to explain it to the donor. In some cases, the donor may also need to have their signature certified or registered, depending on the type of power of attorney and the state and territory in which it is being executed.
In Australia, a power of attorney allows one person (the “donor”) to grant another person (the “attorney”) the legal authority to act on their behalf in relation to specific financial and legal matters. The power of attorney must be in writing and signed by the donor, and witnessed by an authorised witness. The power of attorney can be limited to a specific time period, or it can be ongoing and of indefinite duration.
The attorney must be over 18 years of age and must not be bankrupt or have a mental or legal disability. The attorney must also be a fit and proper person who is willing to act in the donor’s best interests. The attorney must keep detailed records of all transactions and notify the donor of any interest they receive from any transaction.
In most cases, a power of attorney must be executed in Australia in order for it to be legally recognised. However, if the donor is unable to be present in Australia, it may be possible to execute the power of attorney in another country. The donor must sign the power of attorney in the presence of an authorised witness and obtain a Certificate of Execution from the foreign court or government authority. The certificate must be attached to the power of attorney and lodged with the relevant state or territory government in Australia.
In some cases, a foreign power of attorney may be recognised in Australia. However, whether a foreign power of attorney is valid in Australia depends on several factors, including the country in which it was executed, the type of power of attorney, the state or territory in which the power of attorney is being used and the laws of that state or territory. It is important to check with the relevant state or territory government to determine whether a foreign power of attorney is valid in Australia.