A new section was added to the Act, focusing on Enduring Power of Attorneys witnessing requirements. Its states that the donor making the power of attorney must have the contents of the document explained to them by a solicitor or related professional.
The implication of this change means that the person or people you appoint as your attorneys will also have to sign, but they cannot have the same witness as you.
This requirement for independent legal advice gives protection for people setting up Enduring Power of Attorney, particularly for the frail or the elderly into signing.
If you already have an Enduring Power of Attorney in place this law change does not affect you. However should you have any concerns then, it may be an appropriate time to review your Enduring Power of Attorney documents.
This law change impacts positively on all parties involved:
- The donor making the enduring powers of attorney is better informed.
- The attorney granted the power to act on the donor’s behalf is more accountable.
I hope that this article illustrates the impact of this law change.
To talk to a conveyancing solicitor about your property transaction please contact a lawyer at Quay Law.