OPG confirms new power of attorney amendment policy

The Office of the Public Guardian has confirmed its proposed policy change regarding amendments to a power of attorney deed. 

Following a consultation in April and May 2023, the policy has now been reviewed and simplified to increase the protections and safeguards in the interests of adults with incapacity.

From 30 October 2023, an administrative update made to a registered power of attorney will be accepted. This includes anything which does not change the fundamental substance of the power of attorney deed, for example a change to the name or address of a granter, attorney or substitute attorney. 

If a registered power of attorney needs a significant alteration which either requires a certificate of capacity or the production of a new certificate of registration, a fresh power of attorney deed should be submitted for registration. Significant alterations would include adding an attorney, substitute attorney, "or perhaps adding powers".

The new policy will apply to deeds signed by a granter on or after 30 October 2023. If an amendment has been submitted for registration and is waiting to be processed, this will be processed under the current (2012) policy. 

The Power of Attorney Amendment Policy 2012 will be replaced with the Power of Attorney Administrative Updates Policy 2023. 

OPG anticipates that this approach will make the registration process simpler, the operation of the power of attorney straightforward for the attorney and the deed easier to interpret.