Powers of attorney in property transactions—summary
Powers of attorney in property transactions—summary

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

  • Powers of attorney in property transactions—summary
  • Ordinary powers of attorney
  • Power granted by a trustee under Trustee Act 1925, s 25
  • Enduring powers of attorney (EPAs)
  • Lasting powers of attorney (LPAs)
  • Certified copies
  • Execution of deeds by attorneys

An individual or other body (the donor) can confer power on some other competent individual or other body (the attorney) to act as attorney on the donor’s behalf and in the donor’s name. A power of attorney is the document by which this is achieved. The donor is sometimes referred to as the grantor or principal, and the attorney as the donee or grantee.

This Practice Note considers some of the categories of power of attorney which are available to persons engaged in property transactions. However, it is not an exhaustive list of all powers of attorney; there are some very specific powers which are only available in restricted circumstances.

Ordinary powers of attorney

Ordinary powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971). There are two types:

  1. a general power under PAA 1971, s 10 which gives the attorney the power ‘to do on behalf of the donor anything which he can lawfully do by an attorney’ — a general power is granted by using the form prescribed by PAA 1971, s 10 or a form to the like effect which is expressed to be made under PAA 1971, s 10

  2. a limited or specific power — eg to act on the donor’s behalf in respect of a single transaction or to sign a single