Recently we assisted a pair of clients acting as Attorneys for an Enduring Power of Attorney (EPA) in dealing with Land owned by their parent. The two were required to lodge an original signed copy of the EPA with the Registrar of Titles at Landgate. Since the EPA would be lodged more than 3 months after it was signed, it needed to be accompanied by a Statutory Declaration of Non-revocation or Variation. This form, B3, can be found HERE.
To be effective the Statutory Declaration must:
• Identify the donee(s);• Identify the EPA by reference to the donor and date of execution;
• State that the donor is still alive;• Describe when and how the donee last saw or communicated with the donor within the last 7 days;
• Declare that the EPA has not been revoked by the donor;
• State that the State Administrative Tribunal (SAT) or an appointed Administrator has not varied or revoked the EPA; and
• State that a substitute donee has not been appointed by the SAT.
Finally, the EPA needs to be lodged with a Form EPA cover sheet, which can be found HERE:
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