Q&As

When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/11/2019

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • When drafting an Ordinary Power of Attorney specifically in relation to operation of a donor’s business, do the general powers under section 10 of the Powers of Attorney Act 1971 cover any type of decision to be made about the business (eg employment of staff or dealing with the lease of the business premises) or should these be included as separate clauses?

A power of attorney is a document which enables a person (the donee) to take steps as if those steps were taken by another person (the donor). It is often used where a person is acting as an agent, or where a person is unable to be physically present to execute documents. It should be distinguished from an Enduring or a Lasting Power of Attorney which are put in place to enable a person to act for the donor if the latter loses capacity.

Powers of Attorney are governed by the Powers of Attorney Act 1971 (PAA 1971), which includes, at PAA 1971, Sch 1 a general form of power of attorney. PAA 1971, s 10 provides that such a general power of attorney shall operate to confer on the donee authority to do on behalf of the donor anything which t

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