Power of Attorney
A Power of Attorney is a formal legal document, authorising one person to act on behalf of another person. It can be general, for example, allowing the agent to look after all financial matters, or specific, such as managing a bank account while the student is overseas.
An individual granted a Power of Attorney over the affairs of a student may have the right to act as the student's agent when dealing with StudyLink. In such cases it is important to:
- get the 'attorney' to complete a Certificate of Non-Revocation that certifies that:
- they have been appointed the student's attorney and
- to the best of their knowledge the Power of Attorney has not been revoked
- check what powers are granted by the document
- confirm what these powers will enable the agent to do on the student's behalf, in terms of dealing with StudyLink and
- enter the following details as a 'Must View' note in the student's SAL record:
- the date the Power of Attorney was signed
- the powers granted to the agent
If a student wishes to grant an agent the full legal right to make all decisions on their behalf, you should recommend that they arrange for a Power of Attorney between themselves and the agent.
Consult your Ministry of Social Development solicitor if you are unsure of the nature of a Power of Attorney document.
Only a Power of Attorney or enduring Power of Attorney has the ability to sign a document/application on the student's behalf.
Complete 'Appointment of an agent form'
Even if a Power of Attorney is provided by the student or the agent, you should also request that the "Appointment of an agent form" form be completed.
This provides StudyLink with information which may be used to identify the agent when they contact StudyLink.
While it is preferable that this occurs, it cannot be insisted upon. The agent also needs to provide two forms of identification.
