Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 12

12 Execution of powers of attorney

(1) This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal.

Notes—

1 See the Property Law Act 1974 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed.

2 See the Property Law Act 1974 , section 46A in relation to a power of attorney given by an individual under a deed.

(2) An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal.

Note—

See also part 3A .

(3) This section does not affect—

(a) a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or

(b) the rules about the execution of instruments by corporations.