General News

RETIREMENT – Justice of the Peace (application by an Attorney)

Earlier this year all JP associations were advised that the Ministry of Justice, and by implication Royal Federation, would no longer accept a resignation or retirement request from anyone purporting to hold an Enduring Power of Attorney for a Justice. The Ministry of Justice, with the Royal Federation agreement, subsequently sought a legal opinion on the matter.

As a result, the following process has been agreed upon by both the Ministry of Justice and the Royal Federation.

1. A request for retirement or resignation may be completed and submitted by an individual holding an Enduring Power of Attorney (Personal Care and Welfare) for a Justice of the Peace.

2. The request must be accompanied by:
a.   Confirmation in writing from the attorney that the EPoA has been invoked
b.   A certified copy of the Enduring Power of Attorney document
c.   A signed certificate of non-revocation from the Attorney (form from MoJ website)

The Ministry of Justice has agreed to follow the same process where a member approaches the Ministry directly.
This is only applicable to persons holding the Personal Care & Welfare EPoA – it is not valid for an attorney holding the Property EPoA.