Q&As

Can an individual authorise a third party to sign a regulated consumer credit agreement (such as a consumer hire agreement) on their behalf? If so, would such authority have to be in the form of a power of attorney?

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Published on LexisPSL on 30/11/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can an individual authorise a third party to sign a regulated consumer credit agreement (such as a consumer hire agreement) on their behalf? If so, would such authority have to be in the form of a power of attorney?

Can an individual authorise a third party to sign a regulated consumer credit agreement (such as a consumer hire agreement) on their behalf? If so, would such authority have to be in the form of a power of attorney?

If the individual wishing to delegate authority is mentally capable then they could delegate authority to sign an agreement using a general power of attorney under section 10 of the Powers of Attorney Act 1971. For guidance on creating a general power of attorney and the scope of the attorney’s powers under such an arrangement, see Practice Note: Ordinary powers of attorney.

A general power of attorney will be automatically revoked by the mental incapacity of the donor and so, if the donor is mentally incapable, it will be necessary to find out whether they put in place a valid enduring power of attorney (EPA) or property and financial affairs lasting power of attorney (LPA) whilst

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