Notes from Meeting on 16 September 2015

posted Sep 18, 2015, 10:00 PM by Michael Rees   [ updated Sep 18, 2015, 10:10 PM ]

Linda provided these notes:

Issues from previous meetings

Linda asked whether or not the JP’s name goes on an Arrest Warrant – the manual says yes, but some forms the police are producing have a space for a name, and some do not.  Michael to follow up with a question to QJA.

Fraudulent passports – Michael has been in contact with QJA to ask what JPs should do if they notice a discrepancy between the perforated number and other printed numbers in a passport.  QJA will add this to the Q & A section of the next Journal.

EPAs

Linda raised the issue of what a client can do if they want the financial part of an EPA to only begin when they lose capacity.  She spoke to the Office of the Public Guardian on 7 September and received the following advice.  Under Question 5, clients should select the third option “On this occasion” and rather than just write something like “When I lose capacity”, it should be narrower rather than broader so that if a court was asked to determine, there would be no ambiguity.  The suggestion was that something like “When I lose capacity as determined by a medical practitioner” is a better option.

Land Title documents

Leases – Linda and Kay were involved in signing a Lease for a Lessee last week, and the question arose about our responsibility in this case. Linda thought it was only necessary to verify the client’s ID (especially when they are signing as Guarantor of the Lease), but Kay’s training notes said that the JP must also see the Lease Agreement and compare it with the Lease.  Michael agreed.  Linda was unsure whether there was always such an Agreement in existence.  Michael to raise this question at the JAG Land Title workshop on 7 October. 

Karen advised she had a client who was signing a Land Title document under a General Power of Attorney.  The client’s bank had advised that it was sufficient for the client to sign her own name on the document, and just write “PoA” afterwards.  

Discussion took place about what to do with Mortgage documents for clients buying off the plan where Section 2 at the top of the document only contains a lot number.  Carol said if she signs these, she will write on the Mortgage, after her signature, something like “Section 2 County, Parish and Title Reference not witnessed as no information listed”.  She says she has not had any returned from the Titles Office.

Proof of Life forms

Linda recently attended a nursing home to sign a New Zealand form for a client to receive an annual pension.  The lady in question was not able to speak much, and could only just print her name rather than her usual signature.  Linda was satisfied as to her identity, as she was with the client’s daughter, and also saw identity documents.  The question was, what would happen in the future, when the client was unable to sign at all?  Carol said the client could make a mark, or a fingerprint, and suggested that the daughter could sign a Statutory Declaration confirming that she is unable to sign and who she is, and the Nursing Home could also provide a letter confirming she was living there but was incapable of signing. [See also a previous note on signing on behalf of a principal by an attorney.]