Australian Capital Territory Consolidated Acts

POWERS OF ATTORNEY ACT 2006 - SECT 22

    (1)     If a power of attorney is signed by the principal, the power of attorney must include a certificate signed by each witness stating that—

        (a)     the principal signed the power of attorney voluntarily in the presence of the witness; and

        (b)     at the time the principal signed the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.

Note     A principal must understand the matters in s 17 to understand the nature and effect of making a power of attorney. However, in the absence of evidence to the contrary, the principal is taken to understand the nature and effect of making the power of attorney (see s 18).

    (2)     If a power of attorney is signed by a person for the principal, the power of attorney must include a certificate signed by each witness stating that—

        (a)     the principal directed the person to sign the power of attorney for the principal; and

        (b)     the principal gave the direction voluntarily in the presence of the witness; and

        (c)     the person signed the power of attorney in the presence of the principal and the witness; and

        (d)     at the time the principal gave the direction to sign the power of attorney, the principal appeared to the witness to understand the nature and effect of making the power of attorney.