Q&As

If an individual, granted a power of attorney to sign a contract as a deed, allows the authority granted to the attorney to be delegated, can any such third person also sign the contract as a deed and does such a delegation have to be in any particular form?

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Published on LexisPSL on 10/05/2022

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

  • If an individual, granted a power of attorney to sign a contract as a deed, allows the authority granted to the attorney to be delegated, can any such third person also sign the contract as a deed and does such a delegation have to be in any particular form?

If an individual, granted a attorney'>power of attorney to sign a contract as a deed, allows the authority granted to the attorney to be delegated, can any such third person also sign the contract as a deed and does such a delegation have to be in any particular form?

A power of attorney (POA) is a document under which one party (the donor) grants to the other party (the attorney) the power to act on behalf of, and in the name of, the donor. A POA must be executed as a deed. A power of attorney may be a general power of attorney, an enduring or lasting power of attorney or a business lasting power of attorney. For a summary of the different kinds of powers of attorney, links to further content on specific types of power of attorney and more information on the appointment of attorneys in a general commercial context, see Practice Note: Powers of attorney in commercial transactions. For more information on the formalities required for the execution of deeds, see Practice Note: Deeds.

This response assumes the question relates to an ordinary power of attorney in a general commercial context.

A POA authorises the attorney to perform the acts allowed under its terms, for example, executing contracts on behalf of the donor. For an example, see Precedent:

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