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1. Overview
Where a person has been deemed incapable and can no longer legally sign legal documents a responsible person should seek an Order from the State Administrative Tribunal (SAT) which may grant all or limited powers under the Act for the said person. The Supreme Court may also appoint a Manager in similar cases.
The proper style of execution by an administrator/manager is shown below but in practice any form of attestation will be accepted provided it is clear that the attorney is signing as administrator/manager.
As part of the registration process, the attestation by an attorney is checked to ensure that the attorney has the express power to carry out the intention of the instrument.
Execution under SAT or Court Orders should comply with the Transfer of Land Act 1893 (TLA) witnessing requirements. It is preferable that each administrator/manager signature is independently witnessed.
A copy of the SAT Order/Court order plus the required statutory declaration must also accompany the relevant transaction in paper or electronically, see CAP-02 Incapable Persons for more information.1
1Paragraph updated 15/09/2022
2. Examples of Signing/Execution Clauses
A proper execution by an attorney is:
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Signed by (Name of Administrator) as Plenary Administrator for (Name of incapable person) Pursuant to State Administrative Tribunal Order (SAT) (Signature of Administrator) (order number) made the (date of order) the presence of Witness (Signature of witness) (Full Name, Address and Occupation) And/or Signed by (name of manager) the Manager of (name of incapable ) (Signature of Manager) person) pursuant to an Order of the Supreme Court of Western Australia (Order number) made the (date of order) in the presence of Witness (Signature of witness) (Full Name, Address and Occupation) |