How to draw up a General Power of Attorney

Lawpack on March 27, 2020

A General Power of Attorney is a statutory form enabling you to authorise someone else to act on your behalf and in your name.

It applies only to your property and affairs and it cannot be used to authorise someone to make decisions concerning your personal welfare.

Drawing up a General Power of Attorney is easy to do as it’s a very straightforward document to complete.

Plus it does not need endorsing or countersigning by a solicitor to be effective.

Simply download Lawpack’s solicitor-approved General Power of Attorney form today and get started.

Here are our top tips on how to complete the General Power of Attorney form:

1. Start date

The Power begins on the date that the document is signed.

A General Power remains valid until it’s revoked, but it will be automatically annulled if you become incapable of making the decisions conferred by the Power.

Powers can be revoked orally, but to avoid misunderstanding it’s wise to write ‘cancelled’ on the original form or simply tear it up.

The General Power would also be revoked if you or the person you are giving the Power to dies or becomes bankrupt.

2. The ‘Donor’

The person who makes the Power and grants authority is called the ‘Donor’.

Only one person may make a General Power.

You must be over 18, have capacity to grant the Power and not be an undischarged or interim bankrupt.

3.  The ‘Attorney’

The ‘Attorney’ is the person you are giving the Power to. Due to the extent of the Power, you should only give it to somebody that you trust implicitly.

Anyone over 18, of sound mind and not an undischarged or interim bankrupt may act as an Attorney.

You can appoint one or more Attorneys.

If you are appointing more than one Attorney, they may be appointed ‘jointly’ or ‘jointly and severally’.

If you appoint your Attorneys to act jointly, it means that they must all make any decision together.

If you appoint your Attorneys to act jointly and severally, this means they can make their decisions together but may also make their decisions separate from one another and need not consult each other about those decisions.

4. Signature

You should sign the General Power in front of a witness.

5. Witness

A witness should sign the General Power. The Attorney cannot act as a witness, but otherwise there are no restrictions on who may be a witness.

There is no requirement as to who should witness the power of attorney. There is no requirement that it be witnessed by a solicitor and the form is still effective if it is not.

6. Restrictions

Once the General Power of Attorney is granted, the Attorney has full legal authority to take decisions and actions on your behalf in relation to your property and affairs, as if you were taking them yourself.

7. Liability

You remain liable for the actions of the Attorney.

 

Other information

 

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How to use a General Power of Attorney

Lawpack on March 27, 2020

A General Power of Attorney (GPA) is a document which authorises someone to act on your behalf and in your name.

It’s a relatively straightforward authorisation and can be used for a wide range of circumstances or for specific periods and events.

It doesn’t have the added complications of a Lasting Power of Attorney (LPA); as such it is a simple form to fill out.

A GPA can only be used with regard to your property and financial affairs. It cannot be used to authorise someone to make decisions concerning your personal welfare (unlike a Lasting Power).

When will I need a GPA?

You may need to create a General Power for specific events; for example, if you go abroad and wish to entrust the management of your business interests to a family member.

You can use it for a specific period or event, when your age and health make it unlikely that you could lose capacity during the duration of the Power.

When does it end?

A General Power of Attorney automatically ceases to have effect if you should become incapable of making the decisions conferred by the Power.

This is in contrast to a Lasting Power, which remains in force provided that it has been registered.

Who can make a GPA?

You must be over 18, have capacity to grant it and not be an undischarged or interim bankrupt.

What happens once it’s been granted?

In legal terms, the person giving the power is called the “Donor” in England & Wales or the “Granter” in Scotland. The person who is receiving the power is called an “Attorney”.

Once you have granted a General Power, you have given authority for the Attorney to take decisions and act on your behalf regarding your property and affairs, as if you were taking them yourself.

The exception is that the Attorney cannot make gifts.

What powers does the Attorney have?

A General Power of Attorney is very wide-ranging and as a result, an Attorney can do anything they think fit in relation to your property and affairs.

But the Power doesn’t cover functions which relate to certain special personal responsibilities. For example, an Attorney cannot normally perform in your role as a trustee or as a personal representative (i.e. administrator) of someone’s estate.

An Attorney cannot sign a Will on your behalf, take action concerning your marriage or delegate their Power to someone else.

Am I liable for the Attorney’s actions?

Yes, so you must only give the power to somebody you trust implicitly.

How long does a GPA last for?

If you become incapable of making the decisions conferred by the Power, the General Power is automatically annulled. Otherwise, a General Power remains valid until it’s revoked.

Can it be revoked?

Powers can be revoked orally, but to avoid misunderstanding it’s wise to write ‘cancelled’ on the original General Power of Attorney form or simply tear it up.

The General Power would also be revoked if you or the Attorney died or become bankrupt.

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