Victorian Current Acts

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POWERS OF ATTORNEY ACT 2014 - SECT 11

How should a non-enduring power of attorney be executed?

    (1)     A non-enduring power of attorney may be executed—

        (a)     by the principal signing the non-enduring power of attorney; or

        (b)     by another person signing the non-enduring power of attorney, in the presence of and at the direction of the principal.

    (2)     If a non-enduring power of attorney is executed by another person signing the non-enduring power of attorney in the presence of and at the direction of the principal

        (a)     2 other persons must be present and witness the person signing the non-enduring power of attorney; and

        (b)     the other persons must sign the non-enduring power of attorney.

S. 11(3) inserted by No. 11/2021 s. 91.

    (3)     For the purposes of this section, a non-enduring power of attorney may be executed by using the remote witnessing procedure and is a valid non-enduring power of attorney.

S. 11(4) inserted by No. 11/2021 s. 91.

    (4)     For the purposes of this section, a signature may be an electronic signature if the remote witnessing procedure is used.

S. 11(5) inserted by No. 11/2021 s. 91.

    (5)     For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote witnessing procedure.



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