QLDIn ForceAct
Powers of Attorney Act 1998
sec.12Execution of powers of attorney
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### sec.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.
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.
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.
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.
s 12 amd 2021 No. 23 s 45 ; 2023 No. 27 s 289 sch 3
(sec.12-ssec.1) 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. 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. See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed.
(sec.12-ssec.2) An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal. See also part 3A .
(sec.12-ssec.3) 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.
- 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.
- (a) a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or
- (b) the rules about the execution of instruments by corporations.