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How do I set up a POA for myself without going through a…

How do I set up...
How do I set up a POA for myself without going through a lawyer?
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Answered in 21 minutes by:
3/10/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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The problem with not using a lawyer is that the powers of attorney need to be witnessed by a lawyer or registered legal executive, and the form itself is quite complicated. The power of attorney would be valid without the witness, so if you prepared this yourself, I am not sure most lawyers would want to witness a document they had not prepared. If cost is your concern, you can ask for quotes for the preparation ffrom different law firms

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Customer reply replied 4 months ago
no lawyer or legal representative , no POA.

The Protection of Personal and Property Rights Act 1988 which regulates this says

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).

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,773
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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