The Homesteads Act, 1989 protects spouses who do not own their homes against the sale, mortgaging or other disposition of the homestead by requiring the non-owning spouse to sign a consent and be examined separately from the owning spouse before such action can be taken. This Final Report considers two distinct issues: (1) whether an attorney acting under a power of attorney should be able to consent to a disposition of the homestead, and (2) whether a homestead should include mines and minerals. This Final Report recommends allowing an attorney to consent to a disposition of the homestead in place of a non-owning spouse, subject to the condition that where the attorney is the spouse of the non-owning spouse, the attorney only be able to consent to a disposition of the homestead where the non-owning spouse lacks capacity. This Final Report also recommends that The Homesteads Act, 1989 be amended to specifically exclude mines and minerals from the definition of the homestead.
Hosted by SaasyCloud.Com