Can my Attorney under an Enduring Power of Attorney sign documents in relation to my house if I can’t?

Adam’s job demanded a lot of travel so he had set up an Enduring Power of Attorney in relation to Property, so that the person he nominated (his friend Bill) could sign documents for him in his absence from New Zealand, as well as other times when he was not contactable.

Adam’s house was on the market and he received an offer while he was overseas.  He could not get to a printer, fax or scanner, and asked the agent if Bill could sign on his behalf.  The agent asked for a copy of the Enduring Power of Attorney (EPOA) and confirmed that Bill could sign, so luckily Bill was able to sign to accept the offer on Adam’s behalf.

Not all EPOAs in relation to Property are on the same terms, as you are able to limit when they come into effect and what property the Attorney can deal with.  You can, for example, have them come into effect immediately, or only if you become mentally incapable.

If Adam’s EPOA had not allowed Bill to act immediately, the offer would potentially have been lost.

It pays to consider all of your options when you are instructing a lawyer to prepare an EPOA.