Licensed conveyancers and powers of attorney: benefits and anomalies

The scope of conveyancing work and the responsibility of licensed conveyancers in carrying out property transactions in New South Wales is examined as a consequence of new powers of attorney legislation introduced in that state, which provides for licensed conveyancers to act as prescribed witnesses to enduring powers of attorney. Anomalies in the licensing legislation which defines the nature of legal work available to conveyancers and constrains them in their new role are considered. Some background to the introduction of licensed conveyancers in New South Wales is provided with an overview of changes to the licensing legislation since its inception in 1992. The issues explored suggest there will be confusion for consumers, potential conduct and disciplinary issues for conveyancers and limited benefits for all parties and lead to the conclusion that legislative change is the only solution.