Where a power of attorney contains a clause providing that the power comes into force upon the occurrence of a specified contingent event (i.e. mental incompetence) the district registrar must be satisfied that the specified condition has occurred. Mere execution of a document by the attorney in a springing power of attorney is not as proof that the power they are relying on has vested.
If a springing power of attorney sets forth the manner for determining if the specified event has occurred, the district registrar will require this evidence. For example, if a power of attorney comes into force upon the mental incompetence of the donor and the power of attorney states that the declaration of one doctor is required, the district registrar must receive this declaration.
If the specified condition is the mental incompetence of the donor, and the power of attorney does not specify the manner for determining if this has occurred, the declaration of two duly qualified medical practitioners will be required.
See section 6(4), The Powers of Attorney Act