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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.

The General Division of the High Court only accepts powers of attorney that are created under Section 48 of the Conveyancing and Law of Property Act.

Estimated fees

The fees include:

  • $0.80 per page for document filing fees.
  • $1.50 to deposit a power of attorney.
  • 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 Powers of Attorney (Scale of Fees) Rules for the full list of fees.

What you should do

Submit the power of attorney and the supporting documents via eLitigation. If you do not have an eLitigation account, visit the LawNet & CrimsonLogic Service Bureau to file in person.

The documents must fulfil these requirements to be accepted by the court:

In general, to deposit an instrument creating a power of attorney, all of the following requirements are to be complied with:

  • The execution of the instrument must have been verified in accordance with Order 26, Rule 4 of the Rules of Court 2021
  • The instrument must be accompanied by an affidavit, a statutory declaration, certificate or other evidence by which the execution of the instrument 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).

Refer to Order 26, Rule 4 of the Rules of Court 2021 for more details on filing of instruments creating powers of attorney.

In general, the execution of the power of attorney may be verified by one of the following:

  • An affidavit or a statutory declaration made by a witness to the execution or by an impartial person who knows the signature of the donor of the power of the attorney.
  • The signature of a Commissioner for Oaths as a witness to the execution.
  • Any other evidence which is satisfactory to the Registrar of the Supreme Court.

Refer to Order 26, Rule 4 of the Rules of Court 2021 for more details on verification of the execution of the power of attorney.

The power of attorney should be deposited with a translation that is certified by a sworn interpreter of the court or verified by a statutory declaration of a person qualified to translate it.

Inspecting a power of attorney

You may request to inspect a power of attorney deposited in the Supreme Court to verify its validity.

Estimated fees

Refer to the Powers of Attorney (Scale of Fees) Rules for the full list of fees.

Examples of the fees include:

  • $4.50 to search the index of deposited documents per name for each year.
  • $1.50 to inspect a deposited document.

What you should do

Contact the Supreme Court Legal Registry for more information.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Legislation associated with this topic includes:

  • Part 10 of the Conveyancing and Law of Property Act.
  • Order 26, Rule 4 of the Rules of Court 2021.

Refer to Paragraph 19 of the Supreme Court Practice Directions 2021.


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