50Execution of power of attorney by direction of donor

50 Execution of power of attorney by direction of donor

(1)  Where an instrument creating a power of attorney is not executed personally by the donor, the instrument is taken to be validly executed if –

(a) it is executed by some other person in the presence of, and by the direction of, the donor; and

(b) 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

(c) 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.

(2)  [Section 50 Subsection (2) amended by No. 18 of 2021, s. 317, Applied:05 Nov 2021] 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.