Power of Attorney for Execution of Documents
This do-it-yourself document generator helps you draft an entirely customised Power of Attorney in a matter of minutes.
How does it work?
Our intuitive tool will guide you through the process step-by-step from start to finish. It’s quick, easy and simple to understand – just how legal documents ought to be.
The expert interview wizard will help you answer a few questions and prepare your document in the background. You’ll have your custom Power of Attorney for Execution of Documents in 10 minutes or less.
When you’re done, print or download a PDF version for you to review, customise or sign
What is a Power of Attorney for Execution of Documents?
A Power of Attorney for Execution of Documents is a contract that authorises someone to sign legal documents on your behalf.
With this document, you can appoint up to 5 attorneys to execute up to 20 documents.
When should I use a Power of Attorney for Execution of Documents?
A Power of Attorney for Execution of Documents should be used if you’re unable to execute documents for some reason, either for a specific period of time or indefinitely.
One of the reasons to organise a POA is anticipating loss of capacity to make decisions in the later stages of your life. Busy professionals and corporate officers will also want to arrange for a POA if they anticipate they will be travelling or living overseas for a time and need someone to manage their affairs in Australia.
Furthermore, large companies also use POAs to delegate tasks. Directors or the company secretary may not be able to process large volumes of transactions every day, so they must authorise agents to act and sign on behalf of the company through a Power of Attorney.
What topics does a Power of Attorney for Execution of Documents cover?
- Exercise of powers
- Attorney protection
- Costs and Stamp Duty
- Boilerplate language
What are the main decisions I need to make in creating a Power of Attorney for Execution of Documents?
If appointing more than one attorney, will they be acting jointly or severally? Joint attorneys will need to both agree and execute the document together which ensures that neither will act against your self-interest. However, this also poses a risk of conflict and deadlocks if the appointees cannot come to an understanding or are not always available to act.
What other names does a Power of Attorney for Execution of Documents go by?
A Power of Attorney for Execution of Documents is also known as:
- Enduring Power of Attorney
- General Power of Attorney
- Letter of attorney
- Execution of Deeds
- Power of Attorney – Execution of Deeds pack
Frequently Asked Questions
The parties involved are you as the Principal and up to 5 attorneys.
Generally you would need this document as part of estate planning (e.g. anticipating loss of capacity) or when a company grows large enough that it’s no longer practicable for directors or company secretaries to sign off on them.
Anyone over 18 with mental capacity. Anyone whose capacity is in doubt will need to get an assessment done of their level of understanding by an appropriate person (e.g. doctor, psychologist, psychiatrist).
It should be a responsible person you trust to act in your best interests, as they will be managing complex financial matters. In estate planning, oftentimes this will be family members, but they can also be a close family friend or a trusted professional.
For companies, these are usually professionals who are adept at the transaction being referred to, such as lawyers or accountants.
Appointing someone with a Power of Attorney is part of prudential estate planning. If you lose capacity without having done this, there will be nobody with legal authority to make decisions about your finances (e.g., access to your bank account or to sell your property).
A will manages your property after your death, while a Power of Attorney authorises someone else to manage your affairs while you are alive. Consequently, a Power of Attorney will also expire when you die regardless of termination date.
- When will the appointment start, and how long will it last? Note that the party granting the Power of Attorney may revoke it at any time by written notice.
- Details of the specific document or transaction that needs the attorney’s attention if any. If these documents are complete, they can be annexed to this Power of Attorney. If they are not annexed, the attorney will be authorised to execute the document with whatever further changes they consider necessary or desirable.
- Depending on the state/territory, you may need to register this Power of Attorney in order for certain actions to be valid (e.g., in NSW, a conveyance executed under a Power of Attorney has no effect unless the Power of Attorney has been registered). Please contact us for legal advice if you have any questions about registration.
There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.
If you need any assistance please contact us directly, we would be happy to assist.
If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, Please contact us directly and we would be happy to assist.
Absolutely! Get in touch with us and we can provide a fixed-fee price to review it.
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