The Office of the Public Guardian (OPG) has announced that, having taken legal advice, it is altering the way in which the appointment of substitute attorneys is dealt with, when a power of attorney is first signed and registered.

With effect from 1st April 2013, substitute attorneys will require to sign the power of attorney along with the principal attorney, prior to registration. Formerly OPG required only the principal attorney to sign the deed as an indication of his/her willingness to act.

In addition, should it become necessary for a substitute attorney to act, the OPG will request confirmation of their willingness to act before they are required to do so.

These changes will apply to continuing and/or welfare powers of attorney signed after April 1st 2013.