General Powers of Attorney


Template: General Power of Attorney (PoA)

Read what Net lawman says about this template:

 "This document is used to delegate authority to someone else to act for you, usually for a short and specified period of time.

You may be abroad but need someone to look after your financial and legal affairs at home for you (such as buying or selling property), or you may need someone to help with a specific task (such as collecting a pension) or you may just prefer someone more expert in a certain subject area (such as law) to act on your behalf in a certain matter.

It is intended to be used while you have mental capacity (and could carry out the action yourself), except that location or time may prevent you from acting.

As the giver you are the “donor” of the power and the receiver becomes your “attorney”. The actions that your attorney may take for you can be as general or specific as you like and may relate to one part or all of your affairs.

The document specifies both the powers that you grant and the time period during which the attorney has those powers. After the time has elapsed, the attorney;s powers end. 

It is a good idea to discuss the extent of the power with your attorney in advance. Doing so will give him or her the opportunity to ask questions about your instructions and let you make clear exactly what you would like him or her to do. If you do, make sure what you have agreed is included in the document.

In order for your PoA document to be valid, you must meet these conditions:

  • if you are over 18 years of age and have mental capacity.
  • the person to be appointed must also be over 18 years old and not be an undischarged or interim bankrupt.
  • you can only grant the power of attorney to do things that you already have the right and capacity to do yourself.
  • You do not have to register this general power of attorney with anyone or any organisation.This document has binding effect once signed (or otherwise, if you say so in the document). It relies on law contained in the Powers of Attorney Act 1971.

One of the features of a PoA is that it created for a defined period of time. It is not indefinite. It becomes effective as soon as it is signed (or otherwise if you specify in the document). You could draft it now for use later.

If you need to cancel it (called revoking in legal jargon) before the expiry date in the document, you can use a document called a deed of revocation to do so. It will automatically be revoked if the donor loses mental capacity.

You shouldn't confuse this document with a lasting power of attorney for financial affairs, which is used to manage your property when you lose mental capacity"

Template: General Power of Attorney: sale of property

Read what Net lawman says about this template:

"This document grants temporary powers to act for you in matters relating to the sale of one or more of your properties. For example, you may wish your solicitor or your estate agent to be able to sell your home in the UK now that you have emigrated abroad.

The person acting for you - your attorney - can be given only specific tasks relating to the sale of the property, or can be given the power to do everything to close the sale. You can of course, also specify matters which you do not want the attorney to have control over.

You can give the authority with immediate effect, or you can specify the start date.

It is a good idea to discuss the extent of the power with your attorney in advance. Doing so will give him or her the opportunity to ask questions about your instructions and let you make clear exactly what you would like him or her to do. If you do, make sure what you have agreed is included in the document.

In order for your PoA document to be valid, you must meet these conditions:

  • if you are over 18 years of age and have mental capacity.
  • the person to be appointed must also be over 18 years old and not be an undischarged or interim bankrupt.
  • you can only grant the power of attorney to do things that you already have the right and capacity to do yourself.
  • You do not have to register this general power of attorney with anyone or any organisation.This document has binding effect once signed (or otherwise, if you say so in the document). It relies on law contained in the Powers of Attorney Act 1971.

You shouldn't confuse this document with a lasting power of attorney for financial affairs, which is used to manage your property when you lose mental capacity."


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