sec.12Execution of powers of attorney

### 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.