If we can’t register your power of attorney
We carry out a check of a power of attorney (PoA) document to make sure it meets the registration criteria. If your document does not comply then we will be unable to register it. If the PoA cannot be registered, we will write to the sender advising of the reason for rejection.
Amendments can then be made in accordance with the guidance provided. When making amendments to the documentation ensure that:
- Any changes made to the PoA document are initialled by the granter.
- Any changes made on the certificate of capacity (schedule 1) or the revocation certificate (schedule 2) are initialled by the person who signed it.
Once the necessary amendments have been made the documentation can be submitted for registration. There is no fee charged for resubmissions.
Common reasons for rejection
To help avoid your PoA being rejected and returned, the most common reasons for rejecting are:
The PoA document
- The PoA document contains a springing clause which prevents registration
- The testing clause in incomplete
- The PoA does not contain a clear statement identifying that it is intended to be a continuing PoA and/or a welfare PoA
- The names and addresses of the granter/attorney(s) are not consistent throughout the document.
- Registration of a continuing power is requested but there are welfare clauses in the PoA and vice versa
- The PoA does not contain an incapacity statement (applies to PoAs granted after 05/10/2007)
Certificate of capacity (schedule 1)
General reasons
- Amendments to the PoA have not been initialled by the granter or/and amendments to the prescribed certificates have not been initialled by the signatory
- The certificate of capacity (schedule 1) is not included
- A certificate is incorporated in the PoA but it is not correctly worded
Registration form (postal submissions only)
- The attorney has not confirmed in writing that they are prepared to act