General Ordinary Power of Attorney (Unlimited)
This General Ordinary Power of Attorney (Unlimited) template provides for the grant of a power of attorney by an individual to one or more other individuals (i.e. where neither grantor or attorney/s are a corporate body or partnership). It is drafted on the basis that all of them are resident in England & Wales.
This template provides for a general power as opposed to a specific (limited) power of attorney and it meets those requirements of common law and the Powers of Attorney Act 1971 that apply to a general power of attorney.
A general power enables the attorney to do anything that the grantor of the power could lawfully do through an attorney. In contrast, a limited power of attorney (such as those accompanying this general one) would specifically authorise – and only authorise – the attorney to carry out those types of act described or enumerated in the power of attorney document. (For example, the attorney might be authorised only to sign particular documents on behalf of the grantor.)
There are few legal restrictions on who may be appointed an attorney, and grantors should be mainly concerned to assure themselves that any person they intend to appoint is trustworthy and generally suitable for the role prescribed by the power of attorney, in particular in view of the wide-ranging power conferred by this form of general power of attorney.
This template includes alternate sets of wording for use where either a single individual or two or more individuals are to be appointed as attorney, and, where more than one attorney is to be appointed, there is optional wording to provide for any one of them to act alone or, alternatively, for them only to act jointly.
A power of attorney in this form may be revoked by the grantor (since it does not state that it is irrevocable), and any such revocation should normally be by means of a document in the form of a deed. If it is not revoked, it will come to an end in accordance with the duration clause (if that optional clause is included), or automatically if and when the grantor dies. Similarly, it may come to end when the grantor loses mental capacity but note that the law is uncertain as to whether, when and how loss of mental capacity brings the power to an end.
This template is suitable only for commercial use. As such it cannot be used in relation to a grantor’s health and personal welfare, and a Lasting Power of Attorney conforming to the legal requirements for such documents should instead be used in such a case. Note that a Lasting Power of Attorney should be used where it is intended that the attorney's power will not end when the grantor loses mental capacity.
Before you decide whether to use this or any other form of power of attorney, you should consider whether, given your particular needs and circumstances, you need to take professional legal advice as to whether it is appropriate and prudent for you to give wide-ranging authority to the proposed attorneys (rather than limited, specific powers), and as to whether some form of agency appointment would suffice or be more suitable than a power of attorney document.
This template is not suitable for use by any type of trustee (or an executor) to grant any powers to others.