Power of Attorney Templates
A Power of Attorney is a form of agency created by executing (signing) a deed. It is a simple legal document under which a person grants another person (or in some cases multiple persons) the authority to act on their behalf and in their name. Such an appointment can be framed so as to give general authority to act for the grantor (as far as the law allows) or to act for the grantor only in relation to a specified act or type/s of acts.
The grantor may be an individual or it may be a company or other corporate entity. The power may be granted to one or more individuals who can then act on behalf of the grantor.
The Power of Attorney documents in this subfolder provide the essential tools for granting either a limited power of attorney or a general power of attorney.
The Power of Attorney Checklist should be used prior to the drafting and execution of a power of attorney in order to ensure that all parties concerned fully understand and agree upon all aspects of the grant.
Power of Attorney Templates is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
Does a power of attorney still work if I lose mental capacity? +
Not this kind. An ordinary or general power of attorney under the Powers of Attorney Act 1971 is automatically revoked if the donor loses mental capacity. To keep an attorney in place after loss of capacity you need a lasting power of attorney under the Mental Capacity Act 2005, which must be registered with the Office of the Public Guardian. These commercial templates are ordinary powers, for donors who have capacity.
I need someone to sign or act for me or my company while I am unavailable. What document do I use? +
A power of attorney: a deed by which you, the donor, authorise another person to act in your name, either generally or only for a specified act or type of act. The donor can be an individual or a company, and the power can be given to one or more attorneys. This subfolder provides limited and general power of attorney templates plus a checklist to work through before you grant one.
What is the difference between a general and a limited power of attorney? +
A general (ordinary) power of attorney lets the attorney act for you across your affairs as far as the law allows, while a limited (specific) power restricts them to a named act or type of act, for example signing one contract or dealing with one property. As a rule, grant the narrowest power that does the job. Both a limited and a general template are provided in this subfolder.
How must a power of attorney be signed to be valid? +
It must be executed as a deed: clear on its face that it is a deed and signed with the right formalities. An individual signs in the presence of a witness who attests the signature. A company signs under the Companies Act 2006, by two authorised signatories or by a director whose signature is witnessed. Getting execution wrong can make the power ineffective, so the checklist walks you through it.
Can I cancel a power of attorney once I have given it? +
Yes. A donor who has capacity can generally revoke an ordinary power of attorney at any time, and should tell the attorney and anyone relying on it in writing, because a third party who deals with the attorney without knowing of the revocation may still be protected. Give clear written notice and recover the original document if you can. The checklist covers what to settle before granting, which reduces the need to revoke.
