General Power of Attorney (POA)
Make sure someone you know has the authority to handle your legal affairs with this General Power of Attorney template when you are out of the country, in hospital, or otherwise unavailable.
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Table of Contents
For use in England and Wales only.
Ensure you give someone the authority and permission to take care of your legal matters using this General Power of Attorney template when you are unavailable to act in person, whether you are away or in hospital. This is particularly relevant in the current pandemic during the lockdown. Our General Power of Attorney template allows you to grant legal permission to someone else to sign documents and make decisions for you. This document is only to be used when you have the mental capacity to give consent.
The General Power of Attorney? What is it?
Our General Power of Attorney template is a legal document giving the attorney/donee the Power to manage your affairs and to act in your name and on your behalf. Power of Attorney Act 1971 Section 10 is the governing law.
When would I need to use a General Power of Attorney?
You should use this General Power of Attorney if the following apply:
- You require someone to act in your place while you are absent or unable to act;
- You only want to give someone the Power to act on your behalf for a short period only;
- You have the “mental capacity” to grant the Power, i.e. you understand what you agree to;
- You trust unconditionally the person or persons you are appointing as your attorney(s); and
- You live in England or Wales.
What is covered in your General Power of Attorney?
Our template General Power of Attorney covers:
- who you want to appoint as your attorney(s);
- the termination date of the Power of Attorney; and
- how the Power of Attorney is to be used.
When do I need to use a General Power of Attorney?
You would need a General Power of Attorney if you wanted to give someone permission to manage your financial affairs or take care of your documents in the event that you are absent, cannot leave your home, are away from your home, or in any other situation where you would require someone to act on your behalf. This would include dealing with your affairs in the current situation where you may not be able to leave your house to sign a document during the lockdown, such as selling your home for instance.
What is meant by a donor and a donee?
The person giving the permission or the Power is called the donor, while the person to whom the Power is given is called the donee or attorney.
Who can I grant the Power to act as my attorney?
The following can be appointed as your donee/attorney provided the individual has mental capacity and is not a discharged or interim bankrupt:
- any individual/s over the age of 18
- a company/ corporation
- a limited liability partnership
How many witnesses are required for the General Power of Attorney?
You should usually have the General Power of Attorney witnessed by one witness. In situations where you are trading in Government securities or the Power is being used to deal with your overseas matters, you must use a minimum of two witnesses.
What is the duration of the General Power of Attorney?
With our General Power of Attorney template, you can set a termination date within the document, or it can be revoked at any time with a Deed of Revocation. We have a Deed of Revocation available on our website.
How do I revoke or terminate a General Power of Attorney?
The General Power of Attorney can be terminated or revoked using a revocation letter or will be reversed automatically by the mental incapacity of the donor.
General Power of Attorney (POA) also known as
Ordinary Power of Attorney
Power of Attorney