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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14942
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Am I legally allowed to write my own power of attorney paper

Customer Question

am I legally allowed to write my own power of attorney paper then get it signed etc by a lawyer
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Is this an enduring power of attorney?

Expert:  Chris The Lawyer replied 1 year ago.

If it is then the legislation requires that the parties each get independent legal advice and witnessed signatures. The forms are very simple, so I am curious what sort of mistakes were made.

Expert:  Chris The Lawyer replied 1 year ago.

94A Creation of enduring power of attorney

(1)This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and Property Rights Amendment Act 2007.

(2)The instrument creating an enduring power of attorney—

(a)must be in the prescribed form; and

(b)must have attached to it the certificate referred to in subsection (7).

(3)The instrument must be signed—

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

(b)by the attorney (or if more than 1, by each attorney).

(4)The signature of the donor must be witnessed by a person who, subject to subsection (8), is independent of the attorney (or of each attorney) and who is—

(a)a lawyer; or

(b)an officer or employee of a trustee corporation authorised by the corporation for the purposes of this subsection; or

(c)a legal executive who meets the requirements of subsection (9).