Legal question - authority to sign on behalf

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13 years 11 months ago #13818 by jen
Hey all,
I'm going to be away for three weeks and will have some papers that may need signing during that time. Does anyone know how to legally entitle someone (partner in this case) to sign documents on your behalf? (I'm talking mortgage papers, property sales agreements etc). I will check with my solicitor eventually but just wondered if anyone knew offhand?

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13 years 11 months ago #212845 by The Kats Place
You need to give the person power of attorney. Your lawyer has to draw this up. From memory you can specify the length of time and the items the person can deal with.

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13 years 11 months ago #212852 by spoook
Yes, KP's right a power of attorney is what you need. Two types, choose carefully.

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13 years 11 months ago #212918 by jen
Yup.. thanks guys. I thought that might be it.
I need to 'ordinary' one rather than the enduring one it seems. Bonus is that unlike the enduring one there doesn't seem to be a fee or any requirement to lodge the form with anyone.. now if only I could find one online that would be awesome!....

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13 years 11 months ago #212924 by hogiehorse
Hi Jen,

I think you can buy these simple Power of Attorney forms from Whitcoulls - like quite a few of the more simple legal documents, including Will kits, Sale & Purchase Agreements, etc.etc.

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13 years 11 months ago #212967 by Jack
Godday

Yep Spooook is spot on, especially with the advice to choose carefully. While I still have one or two, hopefully, marbles left I would never sign anyone ove to be my power of attorney.

spoook;187134 wrote: Yes, KP's right a power of attorney is what you need. Two types, choose carefully.

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13 years 11 months ago #212973 by The Kats Place
The problem with that Jack is when you have lost all your marbles then you can't do a power of attorney ar you aren't of sound mind. Damned if you do Damned if you don't!

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13 years 11 months ago #212974 by The Kats Place
Jen - I seem to remember it has to be witness, I can't think if it was by a lawyer or a JP or what ever. I suppose you can prepare it yourself but may well need to be witnessed to be valid.

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13 years 11 months ago #212983 by Jack
Gidday

Sure but with no marbles at all, what the hell will it matter?

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13 years 10 months ago #213148 by NZ Appaloosas
www.consumer.org.nz/topic.asp?docid=231&...of%20attorney&bhcp=1

www.howtolaw.co.nz/html/ml028.asp

You can try calling the Family Court to see if they have an ordinary power of attorney. The online one seems to be just the enduring power of attorney.

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13 years 10 months ago #213151 by jeannielea
I think you can buy these things at Post Shops and you can get a JP to witness for you. Just look them up in the yellow pages - their services are free.

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13 years 10 months ago #213165 by jen
Thanks all, yup I'd read that it needed to be witnessed, but somehow thought that it might just need a 'normal person' to witness it. I'll just get our solicitor to work it out anyway in that case.

I'm just trying to get the best mortgage rate on our next home! I leave early September 15th (a Monday) to visit family back in Canada.
Bollard is due to make an announcment on the cash rate on the Thursday before I go, usually it takes a few days for the banks to make changes to their mortgage rates (if they do at all!) and the settlement date for the place we're moving to is the day before I get back! So I want the other half to be able to sign the mortgage docs. while I'm away.
If we sign up for the mortgage before I go... I don't think we'll get the best possible rate! Every little percentage point counts!

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13 years 10 months ago #214281 by MikeCollett
could it be done via fax?

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13 years 10 months ago #214373 by Jack
Gidday

I signed some legal documents not long ago and did it on the internet. I had to print it out then sign and scan to resend and as long as the original was posted back it was all hunky dory.

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13 years 10 months ago #214394 by jen
I'll be travelling around a bit while I'm away catching up with different relatives so faxing probably isn't practical unfortunately (my 91 year old grandmother's not a big computer user ;) !!)

I'm sure it would do the trick if I was staying put somewhere though.. shame :(

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