Alternate attorney acting

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Generally
An alternate attorney under a power of attorney can only act under those circumstances specified in the power of attorney document. The district registrar will require evidence supporting the right of the alternate attorney to act.


No provision in power of attorney for when alternate to act


Where the power of attorney document does not specify when the alternate may act, they can only act when the authority of the primary attorney has been terminated by operation of law. The district registrar is guided by The Powers of Attorney Act. In these cases, the district registrar will accept dispositions by an alternate attorney where the primary attorney has become bankrupt, mentally incompetent or has died. An alternate will also be able to sign where the first named attorney is legally incapable of doing so because the document in question effects a disposition of homestead property.


See section 13(d), The Powers of Attorney Act

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