37Acceptance by attorney

37 Acceptance by attorney (1) An enduring power of attorney is effective as to an attorney appointed under the power of attorney if— (a) in the instrument creating the power of attorney the attorney signs a statement of acceptance of appointment that is in the prescribed form; and See section 53 of the **Interpretation of Legislation Act 1984** for the effect of a form in or to the like effect of the prescribed form. (b) in the case of an attorney who is not a trustee company, a person of or over 18 years of age witnesses the signing of the statement of acceptance under paragraph (a), and signs that he or she has witnessed the signing; and (c) in the statement of acceptance, the attorney states that the attorney— (i) is eligible under this Part of this Act to act as an attorney under an enduring power of attorney; and (ii) understands the obligations of an attorney under an enduring power of attorney under this Act and the consequences of failing to comply with those obligations; and (iii) undertakes to act in accordance with the provisions of this Act that relate to enduring powers of attorney. S. 37(2) inserted by No. 11/2021 s. 94. (2) For the purposes of subsection (1)(b), an enduring power of attorney accepted by an attorney who is not a trustee company is effective if the statement of acceptance is signed using the remote witnessing procedure. S. 37(3) inserted by No. 11/2021 s. 94. (3) For the purposes of subsection (1)(b), a signature may be an electronic signature if the remote witnessing procedure is used. S. 38 amended by No. 11/2021 s. 95 (ILA s. 39B(1)).