38Acceptance by alternative attorney

38 Acceptance by alternative attorney (1) An enduring power of attorney is effective as to an alternative attorney appointed under the power of attorney if— (a) in the instrument creating the power of attorney, the alternative 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 alternative 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 alternative attorney states that the alternative 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; and (iv) understands the circumstances in which the alternative attorney is authorised to act under this Act; and (v) is prepared to act in the place of the attorney for whom the alternative attorney is appointed, if still eligible to act as attorney, when authorised to do so under this Act. See section 31 for the circumstances in which an alternative attorney is authorised to act in the place of the attorney for whom the alternative attorney is appointed. S. 38(2) inserted by No. 11/2021 s. 95. (2) For the purposes of subsection (1)(b), an enduring power of attorney accepted by an alternative attorney who is not a trustee company is effective if the statement of acceptance is signed using the remote witnessing procedure. S. 38(3) inserted by No. 11/2021 s. 95. (3) For the purposes of subsection (1)(b), a signature may be an electronic signature if the remote witnessing procedure is used.