POWERS OF ATTORNEY ACT 2014 - SECT 12 Power of an attorney to execute instruments

POWERS OF ATTORNEY ACT 2014 - SECT 12

    (1)     An attorney acting under a non-enduring power of attorney may, if the attorney thinks fit—

        (a)     execute any instrument with the attorney's own signature, and, where sealing is required or employed, with the attorney's own seal (whether or not the power of attorney was given by hand); and

        (b)     do any other thing in the attorney's own name.

    (2)     An instrument that is executed by an attorney must be executed in a way that shows that the attorney executes it as an attorney for the principal.

    (3)     An instrument that is executed or a thing that is done, by the attorney under a power of attorney, in the way specified in this section, is as effective as if it had been done by the principal—

        (a)     with the principal's signature; or

        (b)     with the principal's signature and seal; or

        (c)     in the principal's name.

    (4)     An instrument to which section 74(3) or (4) of the Property Law Act 1958 applies may be executed either as provided for in that section or in this section.

Division 4—Protection from liability