In the case of a transfer deed, a search should be made with the Office of the Public Guardian to check if the power of attorney is registered or is pending.
In the case of an enduring power, if the registration is pending or if no registration has been made, the buyer is free to go ahead with the completion.
But if the power is registered and the donor is still alive the buyer may proceed with the completion as the power of attorney is no longer capable of revocation without informing the Public Guardian.
In the case of a lasting power, it comes into effect only when it is registered with the Office of the Public Guardian.
Photo courtesy: Elliott Brown
