Q&As

Does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 31/10/2019

The following Commercial Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?
  • Types of powers of attorney
  • Formalities for a general power of attorney
  • Summary

Types of powers of attorney

There are various types of powers of attorney, including:

  1. general or ordinary power of attorney under Powers of Attorneys Act 1971 (PAA 1971)

  2. a lasting power of attorney under the Mental Capacity Act 2005. These have replaced Enduring Powers of Attorney to appoint an attorney in the event of loss of capacity

  3. a security power of attorney under PAA 1971, s 4. This is expressed to be irrevocable and to secure a proprietary interest of the donee or the power or performance of an obligation owed to the donee

Formalities for a general power of attorney

The Q&A is dealing with a general power of attorney, see: Ordinary powers of attorney—overview and Practice Note: Powers of attorney in c

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