If you have been appointed as the Attorney for another person or a company (“the appointor”), and you wish to execute a dealing on the title for a piece of land (i.e. buy, sell or mortgage it) on behalf of the appointor, then you will have to provide a certified copy of your Power of Attorney document.
Who can certify that a copy of your Power of Attorney document is a true and complete copy of the original instrument?
In accordance with sections 16 and 82 of the Powers of Attorney Act 2014 (Vic), the following persons are authorised to certify copies of a Power of Attorney document:
- An Australian legal practitioner.
- A Justice of the Peace.
- A Person authorised to administer an oath in accordance with sections 123C and 124 of the Evidence (Miscellaneous Provisions) Act 1958 (Vic), including:
- A police officer of or above the rank of sergeant or for the time being in charge of a police station.
- A fellow of the Institute of Legal Executives (Victoria).
- An Australian consular officer.
Each page of the copy of the Power of Attorney document must be certified as a true and complete copy of the corresponding page of the original instrument, except for the last page which must be certified to the effect that the copy of the Power of Attorney is a true and complete copy of the original instrument.
Please note that this list does not include the following persons (who may witness statutory declarations):
- A councillor of a municipality.
- A medical practitioner.
- A dentist.
- A veterinary practitioner.
- A pharmacist.
- A bank manager.
- An accountant.
- A marriage celebrant.
Contact Glenferrie Conveyancing for more information.