ACTIn ForceAct
Powers of Attorney Act 2006
22Certificates by witnesses to powers of attorney
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Powers of Attorney Act 2006.
22 Certificates by witnesses to powers of attorney
(1) If a power of attorney is signed by the principal, the power of attorney
must include a certificate signed by each witness stating that—
(a) the principal signed the power of attorney voluntarily in the
presence of the witness; and
(b) at the time the principal signed the power of attorney, the
principal appeared to the witness to understand the nature and
effect of making the power of attorney.
Note A principal must understand the matters in s 17 to understand the nature and
effect of making a power of attorney. However, in the absence of evidence
to the contrary, the principal is taken to understand the nature and effect of
making the power of attorney (see s 18).
(2) If a power of attorney is signed by a person for the principal, the
power of attorney must include a certificate signed by each witness
stating that—
(a) the principal directed the person to sign the power of attorney
for the principal; and
(b) the principal gave the direction voluntarily in the presence of the
witness; and
(c) the person signed the power of attorney in the presence of the
principal and the witness; and
(d) at the time the principal gave the direction to sign the power of
attorney, the principal appeared to the witness to understand the
nature and effect of making the power of attorney.