Powers of attorney related to property matters may be deposited in the High Court (General Division). Deposited documents are available for public inspection.
What is a power of attorney
A power of attorney is a legal document created by a person who entrusts another person to act on their behalf. This is usually for a legal transaction, such as the buying, selling or renting of property.
The creator of the document is the donor, while the person appointed to act on the donor's behalf is the donee.
Depositing a power of attorney
Depositing a power of attorney means registering it with the court. It will be available on public records for inspection.
There may be other fees if you need to obtain a copy or extract of the deposited documents, or examine and mark documents as office copies. Refer to the Power of Attorney (Scale of Fees) Rules for the full list of fees.
The instrument must be accompanied by the affidavit, declaration, certificate or other evidence by which the execution was verified (unless the execution of the instrument creating the power of attorney has been verified by the signature of a Commissioner for Oaths who attested to the execution).
In general, the execution of the power of attorney may be verified by one of the following:
An affidavit or a statutory declaration sworn or made by the attesting witness or some other person in whose presence the legal document was executed. If no such person is available, the execution of the power of attorney must be verified by some impartial person who knows the signature of the donor of the power of the attorney.