STATUTORY DECLARATIONS

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Brief Definition

Need an authentic document that will empower and represent your statements in physical form? Why not contact Notarizers and ask us to assist you to prepare a Statutory Declaration and be a witness to the same!

Brief Definition

A Power of Attorney (POA) is a legal document representing a written authorization given to another person to act on your behalf in private, business or legal matters. It is an excellent option to hand over your responsibilities to a person you trust in case you come across uncertain situations in the future where your decision-making capability is hampered.

What are Statutory Declarations?

In simple terms, statutory declarations are a summary of facts in written form signed by the person or persons who wrote it, verifying that each written  statement is true before signing their name to it. These documents are pretty similar to affidavits but in general, their use doesn’t revolve around court proceedings

A statutory declaration is not sworn, it must be “declared” to be true (meaning affirmed) and bear the witness of a lawyer, attorney, solicitor, justice of the peace or Civil Notary such as Notarizers.

Statutory declarations are often used in admission forms, especially court and legal forms. Occasionally, you will be able to sign an affidavit instead of a statutory declaration, which means that you can choose whichever wording you prefer. The text for administering an oath or affirmation of declaration.

What is the difference between an Affidavit and a Statutory Declaration?

Affidavits are used in court. Think of them as written testimonies. A person who testifies or declares that the information contained in their testimony is the truth and nothing but the truth will most likely be asked to sign an affidavit when they do so.

A statutory declaration is similar to an affidavit except that its use is a little more specialized. Statutory declaratios can be used for attesting to facts that are backed up by relevant, admissible evidence. For example, statutory declaration are a legal requirement when creating certain important documents related to companies and land titles.

Parties Involved

The person authorizing another to act is known as the ‘principal grantor’ of the power, while the person authorized to act is known as the ‘agent’, sometimes also called an ‘attorney’ or a ‘representative’.

Why is a POA Required?

A Power of Attorney is mainly made for situations in which you need someone to make the decisions if you’re experiencing difficulties in management or feel that you’ll be medically unfit in the near future, rendering you incapable of making sound decisions.

Types of Power of Attorney

There are two types of Power of Attorney that are made: Power of Attorney for Property and Power of Attorney for Personal Care (or Health).

What are the most common cases of the use of Statutory Declarations?

Statutory Declarations can be used in many situations. Therefore, listing all of  them in itself is limited by the imagination, knowledge, and experience of the individual. Nonetheless, here are the top 3 uses that Statutory Declarations serve in any of these situations:

  1. Identification: Statutory Declaration could be presented for the confirmation of a person’s identity and to confirm that the information presented is true.
  2. In case of document/product loss: This function is debated to be one of the most popular functions of Statutory Declarations as, in case of the loss of any important document, a sim card, etc., the applicant for the replacement of the same has to attest his form with a Statutory Declarations stating that the specified document/product has been lost.
  3. Ownership of Property: This function could be used in multiple instances, for example, to specify the ownership of a property, while gifting property or car to a relative/friend, etc., this function also further clarifies that the authority of the Statutory Declarations is equal to that of an affidavit.

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