Ordinary power of attorney—what should it contain?
Ordinary power of attorney—what should it contain?

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Ordinary power of attorney—what should it contain?
  • Identity of the donor
  • Identity of the attorney
  • More than one attorney
  • Scope of authority
  • Delegation
  • Substitution
  • Duration
  • Revocation
  • Remuneration
  • more

Identity of the donor

When acting for the donor, check the donor has the capacity to grant the power.

For individuals, check that the individual is capable of understanding the nature and effect of the power at the time it enters into it.

For companies incorporated under the Companies Acts 1948-2006, check the company’s constitution. A company can appoint an attorney to execute a deed or other document on its behalf if it is authorised to do so by its constitution. Most companies have an express power in their articles. Those that do not must obtain the company’s approval of the appointment in a general meeting.

All co-owners hold the legal estate as trustees. The Trustee Delegation Act 1999 (TDA 1999) came into force on 1 March 2000. Since that date, subject to contrary provision in the trust deed:

  1. a trustee of land

  2. who has a beneficial interest in the Iand

can grant an ordinary power of attorney (either general or specific) delegating his trustee functions to an attorney. A general power granted by a trustee after 1 March 2000 extends to exercise the trustee functions of the donor in relation to land in which the donor has a beneficial interest.

Identity of the attorney

Individuals can act as an attorney. The Powers of Attorney Act 1971 (PAA 1971) is silent on