Power of Attorney in Conveyancing Transactions

Key Points:

• Verify Most Recent Power of Attorney:

  • Confirm that the power of attorney is the most current and accurate.

• Sales Transactions:

  • Avoid acting on behalf of an attorney.
  • Representation is limited to the donor (actual client), not the attorney.

Purchase Transactions:

• Seller with Power of Attorney:
  • If the seller uses a power of attorney, complete an OPG 100 form.
  • Form available on the intranet or by searching "OPG 100" online.
  • Submit the form to the Public Guardian.

OPG 100 Form Instructions:

• Section 1:

  • Enter your details:
    • Name
    • Relationship to donor (client)
    • Address: "AVRillo LLP" and the office address
    • Email: Fee earner’s email address
    • Telephone: Office phone number

• Donor/Client Details:

  • Include details from the power of attorney.

• Section 3:

  • Search the register of the lasting powers of attorney.

• Section 4:

  • Confirm the LPA on file is the most up-to-date.
  • State the purpose: Legal representatives in property purchase by an attorney.
  • Outline steps taken to verify information from the donor/client.

• Completion Steps:

  • Print the LPA copy to PDF.
  • Email the OPG 100 form as a PDF with "registers" in the subject line.
  • Record submission in file history.
  • Note on the file front indicating the OPG 100 form submission and date.

• Post-Submission:

  • Await confirmation that the received LPA version is the most recent before proceeding further.