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The document should be signed by the authorised signatory (or directors of a company) and witnessed to complete the formality.
The Power of Attorney - Individual document is a legal document that grants authority to an appointed individual, known as the attorney, to act on behalf of the executor in obtaining letters of administration for the estate of a deceased individual. The document begins with a brief introduction, stating the court of domicile and the estate of the deceased. It then provides details about the deceased, including their address, marital status, and the date and place of their death.
The document further explains that the deceased had made and executed their last will, appointing the executor as the sole executor/executrix. The executor, who is identified by their position and current address, then nominates, constitutes, and appoints another individual, referred to as the attorney, to act as their lawful attorney for the purpose of obtaining letters of administration. The attorney's name, position, and address are provided.
The document also includes a promise by the executor to ratify and confirm whatever the attorney shall lawfully do or cause to be done in relation to obtaining the letters of administration. It concludes with the executor's signature, seal, and delivery, as well as spaces for a witness signature, witness name, title/occupation, and address.
To use the Power of Attorney - Individual document, follow these steps:
1. Identify the court of domicile and the estate of the deceased.
2. Provide the necessary details about the deceased, including their address, marital status, and the date and place of their death.
3. Specify the executor's position and current address.
4. Nominate, constitute, and appoint an attorney by providing their name, position, and address.
5. Include a promise by the executor to ratify and confirm the attorney's lawful actions.
6. Sign, seal, and deliver the document.
7. Ensure that the document is witnessed by obtaining the signature, name, title/occupation, and address of a witness.