Amending a registered Power of Attorney - Policy Change

Sep 13, 2023

We ran a consultation exercise in April and May 2023 to seek views on having a clearer and simpler approach to making amendments to a power of attorney deed.  Feedback from the consultation exercise along with their own experience was considered. The policy has now been reviewed and simplified to increase the protections and safeguards in the interests of adults with incapacity.

Important changes to note:

  1. The Power of Attorney Amendment Policy 2012 will be replaced with the Power of Attorney Administrative Updates Policy 2023 available on the news page of the OPG website.

  2. 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.

  3. The new policy applies 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 2012 policy.

  4. 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 please note that a fresh power of attorney deed should be submitted for registration. Significant alterations would include adding an attorney, substitute attorney or perhaps adding powers.

It is anticipated that this approach will make the registration process simpler, the operation of the power of attorney straight forward for the attorney and the deed easier to interpret