All Topics / Legal & Accounting / Power of Attorney Wording

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  • Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    Hi can anybody help me with the wording of what I must write when signing on behalf of my husband. I have just got the registered power of attorney document back today and need to know so I can have a stamp made up. I am in Queensland

    Thanks Jean

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    You would probably just sign and write something such "as XX as attorney for ZZ"

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    Thanks Terry

    So just my ( full name) Signing on behalf of (husbands full name) exercising power of attorney? Do I also need to put on the registered number do you know?

    Thanks Terry

    __________________
    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If you are going to make a stamp then maybe "(your name) as attorney for (husband's name). signed under registered power of attorney number 1234"

    BTW, In NSW there is no need to register a Power of Attorney unless the attorney will deal in Land. But in QLD it may be different. You should also probably get a solciitor to certify a copy for you which you can take with you to show if necessary. Don't ever give out the original as if you lose it you could lose the ability to act.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    Yes we had it done by a solicitor Terry i had the bank take a copy of it today. As Paul isn't home till Friday the bank would prefer me to use it to sign the loan docs so as everything is in order in time for settlement on Friday week the 16th. So we need to get a stamp made up A.S.A.P. Had hoped he could sign on Friday but they think we might be pushing it for time and as the Power of Attorney has come through to just use it. 

    Thanks Jean

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Jean,

    If it is for a loan then do you even need a stamp? You should also take great care in signing it correctly as if you get it wrong they will need to redo the documents. Probably best to go into the bank and do it in front of them on their instructions.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of v8ghiav8ghia
    Member
    @v8ghia
    Join Date: 2005
    Post Count: 871

    hi Jean,

    As mentioned you will find that the banks settlement are will have the exact wording that they require, and usually if they know it is being signed under POA will prepare/stamp the loan docs accordingly. Been a little while now, but from memory it used to refer to a 'Book Number' in NSW. Depending on the lender, some will also want to get your POA reviewed in some way to ensure that it is written to allow you to sign for a property transaction that you will derive benefit from.

    Cheers

    Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    Hi V8ghia and Terry

    They did know it was a possibility that I would have to sign and we were advised by our bank manager to get one done as Paul works away. But no they are normal loan docs and yes not a lot of room for a stamp it will have to be handwritten in if thats even possible to write that small. Not looking forward to it thats for sure.
    The power of attorney has been done to allow for all matters so covered with that just signing them in such small places is going to be hard.

    Thanks ever so much for all your help and advice I will go see the bank manager again and see if it is possible to wait for Paul to sign them himself on Friday or as you say sign as much as possible in front of her.

    Jean

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hope it is not CBA as I had problems with them earlier this year when they refused to accept loan documents signed by an attorney.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    No Terry not CBA we are with Heritage Building Society and they don't have a problem with me doing a power of attorney, I just thought I might be able to get a stamp small enough but doubt it somehow from what you say it is going to have to be handwritten.

    Thanks Jean

    Profile photo of JPS25JPS25
    Participant
    @jps25
    Join Date: 2010
    Post Count: 121

    Found out what I am supposed to write

    Pauls name  by his duly authorised attorney  my name  under dealing no. _________ so declares that she has received no notice of revocation hereof    

    What a mouthful is that. No way is that going to fit in such a small space. I would have to write it out 12 times 6 times for each loan the deposit plus costs and the 80% finance.

    I think I am going to have to wait for Paul to get home sign in front of a JP and drive out to Toowoomba to drop off at the main office (only a 2 hour drive if that from us) or take a chance on express post.

    Just thought I would let you know in case anybody else ever needs to know in future.

    Thanks for your help Terry and v8ghia

    Jean

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